When it comes to pay practices, employers are accustomed to being told by federal, state, and local legislators what to do. DON’T engage in discriminatory pay practices. DO pay overtime when required. DO pay minimum wage. DON’T pay under the table. DO pay employees equally for equal work. DON’T ask applicants or employees their salary history when offering or negotiating pay. DON’T request a potential employee’s criminal history on a job application. The list goes on.
Continue Reading Equal Pay, Pay Transparency, and Job Postings: What Employers Need to Know Now
Non-Disparagement Clauses in Employment Contracts Still Valid Under New Jersey Law
Non-disparagement is not the same thing as non-disclosure. It seems simple and straightforward, except when it isn’t. That was the case of Savage v. Township of Neptune.
It was only a matter of time before New Jersey courts began passing judgment on the March 18, 2019 amendment to the New Jersey Law Against Discrimination (“NJLAD”) preventing the enforcement of non-disclosure agreements in employment contracts and settlement agreements. In 2019, pundits and practitioners questioned the breadth and scope of that supplement to the NJLAD. Three years later, in Savage v. Neptune, the New Jersey Appellate Division has now made clear that non-disparagement provisions are not covered by or included within the prohibition against non-disclosure provisions in employment contracts and settlement agreements.
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Remote & Alternative Work Arrangements – Strategies for Success and Reducing Risk
Let’s face it: remote, hybrid, and alternative work arrangements are here to stay. That’s not necessarily a bad thing. Though many employers already had accepted and adopted remote, hybrid, and alternative work arrangements before the COVID-19 pandemic (and the consequential quarantining that came with it), COVID-19 accelerated the need for workforce mobility and fundamentally changed who we hire and how, when, and where we work.
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The ETS, the Supreme Court Ruling, and the Vax-or-Test Rollercoaster: What Should Your Business Do Now?
Updated as of 1/27/22 due to OSHA’s withdrawal of the Emergency Temporary Standard (ETS)
The vax-or-test legal rollercoaster ride continues, leaving human resource managers’ heads spinning, lawyers prognosticating, and employers simply wondering what comes next.
On January 13, 2022, the United States Supreme Court, in a 6-3 majority decision, dealt a substantial blow to the future implementation of the Occupational Safety and Health Administration’s (OSHA’s) Emergency Temporary Standard (ETS) for large employers, putting the ETS on hold indefinitely pending further review by the United States Court of Appeal for the 6th Circuit (which had reinstated the vaccinate-or-test mandate). Among other things, the ETS mandated that all businesses with 100+ employees require their employees to either vaccinate (and provide proof thereof) or submit to weekly COVID-19 testing to attend work.
Employers, the Coronavirus, and the Reinstatement of the OSHA ETS: What Now?
On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS), requiring private employers having at least 100 employees companywide (at any given time) to adopt written policies and procedures either mandating vaccination against COVID-19 or requiring employees to choose between vaccination or undergo weekly testing while wearing a face-covering at work.
Continue Reading Employers, the Coronavirus, and the Reinstatement of the OSHA ETS: What Now?
70 is the New 40 – New Jersey Law Against Discrimination Expands Protections to Employees Over the Age of 70
On Tuesday, October 5, 2021, New Jersey Governor Phil Murphy signed legislation that addressed a blind spot in the New Jersey Law Against Discrimination that actually enabled private employers to discriminate against employees on the basis of their age. The New Jersey Law Against Discrimination (“NJLAD”), codified at N.J.S.A. 10:5-1, et seq., which in relevant part provides that “all persons shall have the opportunity to obtain employment without discrimination,” protects private employees in New Jersey against disparate treatment, harassment, discrimination, retaliation, and other unequal employment practices on the basis of certain protected characteristics, including their age.
Continue Reading 70 is the New 40 – New Jersey Law Against Discrimination Expands Protections to Employees Over the Age of 70
Cuomo Resignation a Reminder of the Importance of Anti-Harassment Policies, Grievance Procedures and Workplace Investigations
On Tuesday, August 10, 2021, New York Governor Andrew Cuomo announced his resignation following the New York State Attorney General’s investigation into accusations of sexual harassment and inappropriate conduct from several female staffers. The 168-page investigation report found “the governor engaged in conduct constituting sexual harassment under federal and New York State law.”
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Considering a Relocation Agreement? Think Again!
The recent unpublished (i.e., non-precedential) case of M.E.G. v. C.P. (link) shows how unpredictable family law matters can be. In the case, a child was born in June of 2016 in New Jersey. Under N.J.S.A., children may not be removed out of New Jersey without the consent of both parents unless a Court permits the removal. The parties were not married but planned to relocate from New Jersey to Florida after the child’s birth for a fresh start and financial stability. In November of 2017, the parties executed a relocation agreement which allowed the mother to relocate to Florida with the child and contemplated the father moving to Florida at a later time.
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Can a Court Require Me to Get My Child Vaccinated?
Whether or not to vaccinate a child has been an issue for years that family law attorneys have addressed during divorce proceedings or in post-judgment cases (i.e., after a divorce). Clients often ask whether a Court has the authority to require a child to be vaccinated when one parent wants the child to be vaccinated and the other parent does not. This question has become even more relevant recently in light of the Pfizer COVID-19 vaccination being available to children ages 12 and older. A recent unpublished (i.e., non-precedential) Appellate Decision has shed some light on this issue. As is the case with most legal issues, the answer is “it depends.”
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Tips for Searching For a Divorce Attorney Online Without Your Spouse Knowing
As Family Law attorneys, we are familiar with the importance of discretion—especially involving sensitive subject matters. We listen to very personal and/or sensitive information from clients regularly, it is part of our jobs. We fully understand that we owe a duty of confidentiality to all of our clients and take that very seriously.
However, this may be the first time you are looking for a divorce attorney. Most people find their divorce attorneys by either word of mouth referrals or online. If you searched for a divorce attorney on a shared computer, you might find yourself lying awake at night wondering if these ads may appear the next time your spouse is logged on. What does not have discretion or a duty of confidentiality is the software that allows the ads to appear online by remembering/recording your recent online searches. Here are a few simple steps you can take to prevent an unfortunate situation of your spouse seeing an ad for a divorce attorney or law firm while shopping online.
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