Close

New Jersey Employment Attorneys Blog

Updated:

EMPLOYEES MAY SUE UNDER NEW JERSEY’S WHISTLEBLOWING LAW IF THEY SUFFER AN ADVERSE EMPLOYMENT ACTION AFTER DISCLOSING, COMPLAINING OR OBJECTING ABOUT ANY ACTIVITY THEY REASONABLY BELIEVE VIOLATES NEW JERSEY GOVERNOR PHIL MURPHY’S COVID-19 RELATED EXECUTIVE ORDERS

In Loeb v. Vantage Custom Classics, Inc., ESX-L-4762-20, the New Jersey Superior Court, Law Division, Essex County, was faced with the question of whether an employee who suffers an adverse employment action because of complaints he made to his employer about its failure to follow Governor Phil Murphy’s Executive Orders…

Updated:

AN EMPLOYER WHO FIRES SOMEONE BECAUSE THEY HAD A CONSENSUAL ROMANTIC RELATIONSHIP WITH A COWORKER MAY VIOLATE NEW JERSEY PUBLIC POLICY

An employee who is terminated for alleged sexual harassment based on a consensual out-of-work romantic relationship with a coworker, where no complaint of sexual harassment was ever made and where the employer’s investigation revealed no good-faith basis for concluding sexual harassment had occurred, can serve as the basis for a…

Updated:

NEW JERSEY WHISTLEBLOWERS CAN RECOVER DAMAGES FOR DISABLING EMOTIONAL DISTRESS INJURIES CAUSED BY A RETALIATORY HOSTILE WORK ENVIRONMENT

The law in New Jersey is clear that actual or constructive discharge is not a required element for recovery of economic losses due to employer’s retaliatory actions under New Jersey Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14; Donelson v. DuPont Chambers Works, 206 N.J. 243 (2011). Under CEPA,…

Updated:

THE NEW JERSEY LAW AGAINST DISCRIMINATION PROHIBITS DISCRIMINATORY REFUSAL TO DO BUSINESS

Although less frequently invoked than other provisions contained within the New Jersey Law Against Discrimination (LAD), the statute prohibits discriminatory refusal to do business with independent contractors because they or their family members possess one or more protected class characteristics. Specifically, N.J.S.A. § 10:5-12(l) provides: “It shall be…an unlawful discrimination…For…

Updated:

NEW JERSEY GOVERNOR PHIL MURPHY’S EXECUTIVE ORDER 192 IMPOSES COVID-19 SAFETY REQUIREMENTS AT WORKSITES

Underscoring the paramount need to put in place comprehensive health and safety standards designed to mitigate the spread of the COVID-19 virus in our state, New Jersey Governor Phil Murphy recently issued Executive Order No. 192, requiring employers with employees physically present at worksites to adhere to strict COVID-19 safety…

Updated:

THE NEW JERSEY LAW AGAINST DISCRIMINATION MAY PROTECT VICTIMS OF DISCRIMINATION WHO RESIDE OUTSIDE OF NEW JERSEY

In 1945 New Jersey became the first state since the Reconstruction era to pass comprehensive anti-discrimination legislation with its enactment of the Law Against Discrimination, or as it is more commonly called, the “LAD.”  In enacting the LAD, the NJ Legislature declared “that practices of discrimination against any of its…

Updated:

FLU SHOTS ARE MANDATORY FOR NEW JERSEY HEALTH CARE FACILITY WORKERS

New Jersey health care facility workers cannot refuse to receive a flu shot.  On January 13, 2020, Governor Phil Murphy enacted N.J.S.A. § 26:2H-18.79, concerning influenza vaccination in New Jersey health care facilities.  The statute first provides that, beginning with the onset of the first flu season next following the…

Updated:

A HOMAGE TO THE LATE SUPREME COURT JUSTICE RUTH BADER GINSBURG

With the passing of United States Supreme Court Justice Ruth Bader Ginsburg (March 15, 1933 – September 18, 2020) this country lost an irreplaceable and implacable advocate for the bedrock notion that every person regardless of their sex, race, national origin, disability or sexual orientation, or other unique or protected characteristic,…

Updated:

NEW JERSEY CLASS ACTION CERTIFIED FOR DISABILITY DISCRIMINATION

It is possible to certify discrimination claims brought under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. (“LAD”) as class action claims. In Alleyne v. NJ Transit 2020 N.J. Super. Unpub. LEXIS 1686 (Law Div., decided Aug. 28, 2020) a New Jersey trial court certified a class action…

Contact Us