Uncertain Fate of Affordable Care Act and 2017 Rules Creating New Exemptions to ACA’s Contraception Coverage Requirements; New Jersey’s Response
On December 18, 2019 the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision which the court revised on January 9, declared the Affordable Care Act’s (ACA’s) individual health insurance mandate unconstitutional as a result of Congress’ elimination of the mandate’s financial penalty in the Tax Cuts and Jobs Act of 2017 (“TCJA”), but declined to invalidate ACA in its entirety and sent the case back to the district court to decide the issue.
New Jersey Employers – The NLRB Loosens Restrictions On Confidentiality Instructions For Investigations
On December 16, 2019, the National Labor Relations Board (NLRB) issued a decision in Apogee Retail LLC d/b/a Unique Thrift Store and Kathy Johnson, upholding an employer’s confidentiality instructions to employees involved in open workplace investigations and any investigations pending or initiated after December 16, 2019. When implementing this decision to its active investigations, New Jersey employers must be mindful of pro-employee laws which not only allow, but encourage employee discussion.
Appellate Division Again Reminds Employers: Don't Rush the Interactive Process, You've Made that Mistake Before
On December 6, 2019, the New Jersey Appellate Division in V. L. v. Hunterdon Healthcare et. al., reversed and remanded a trial court’s order dismissing an employee’s claims of disability discrimination and retaliatory discharge under the New Jersey Law Against Discrimination (NJLAD).
Natural Hair, Don't Care: New Jersey Bans Hair-Based Discrimination
On December 19, 2019, Governor Phil Murphy signed an amendment to the New Jersey Law Against Discrimination (NJLAD) banning discrimination against a person’s hairstyle or texture.
Know When to Fold 'Em: Appellate Division Upholds Bally’s Termination of Employee Despite Whistleblowing Activity
On December 3, 2019, the New Jersey Appellate Division upheld the dismissal of a whistleblowing claim filed by an ex-casino employee and affirmed the trial court’s decision dismissing the employee’s claims under the Conscientious Employee Protection Act (CEPA) finding that he was properly terminated for mistreating his coworkers. Thus, he could not establish a claim for retaliation, as there was no link between his termination and his reporting of an alleged casino scam.
New Jersey Salary History Ban Takes Effect January 1
A reminder to New Jersey employers that the new law prohibiting employers from screening job applicants based on their pay history takes effect on January 1, 2020.
“What Goes Around, Comes Around” – A Potential Defense to Hostile Work Environment Claims Under the NJ LAD
On November 7, 2019, the U.S. District Court for the District of New Jersey in Paige v. Atrion Communication Resources, Inc., et al., considered a hostile work environment/sexual harassment claim under the New Jersey Law Against Discrimination (NJLAD) by a receptionist who alleged she was constructively discharged as a result of her supervisor’s conduct.
Legality of Workplace Rules Clarified by National Labor Relations Board
Employer Confidentiality and Media Contact Rules become Lawful
Discrimination Based on Reproductive Health Decisions Prohibited in New York
This new bill imposes increased responsibilities on employers statewide and evidences the State’s continued efforts in protecting employees’ rights and privacy regarding reproductive health decisions.
New Jersey Supreme Court to Decide Whether Absence of Adverse Employment Decision is Fatal to Failure to Accommodate Claim
The New Jersey Supreme Court has granted certification and will review the Appellate Division decision in Richter v. Oakland Board of Education, where the Appellate Division found that an employee alleging disability discrimination under a failure to accommodate theory does not have to show that he or she suffered a tangible adverse employment action.