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All Bark, Even Bigger Bite: New Jersey's New Worker Misclassification Protections
On January 20, 2020, Governor Murphy signed into law a series of legislative packages aimed at combating worker misclassification and exploitation. These bills will bolster an already-aggressive state department of labor that has the independent contractor model squarely in its sights.
Rajiv Parikh Named to ROI NJ Influencers: People of Color 2020 Listing
Firm Partner Rajiv Parikh has been named for the third consecutive year since the inception of ROI NJ's Influencers: People of Color (Difference Makers) listing.
NJ Supreme Court Enforces Arbitration Agreement Despite Failure to Specify Forum, Arbitrator, & Governing Law
On September 11, 2020, in a unanimous decision, the New Jersey Supreme Court found that New Jersey law does not require that an arbitration agreement identify the arbitrator, name the arbitral forum, describe the arbitrator selection process, or provide for the governing law, so long as the agreement to arbitrate includes a clear and unmistakable waiver of the right to a jury or other civil trial of the claims.
New Jersey Election Law Enforcement Commission Plans Hearing on New Proposed Campaign-Finance Regulations
The Election Law Enforcement Commission, the New Jersey Government body charged with jurisdiction over the state’s campaign-finance laws, announced last week that it will hold a public hearing with opportunity for comment on October 20, 2020 to consider the implementation of new regulations.
Crossing State Lines: Road Tripping with Amazon and Interstate Commerce
On July 28, 2020, Chief District Judge Freda L. Wolfson from the District of New Jersey denied Amazon’s Motion to Dismiss and Compel Arbitration in Harper v. Amazon. The parties were ordered to engage in discovery to determine whether plaintiff was engaged in interstate commerce to be exempt from arbitration under the Federal Arbitration Act (FAA).
Don’t Fear The Click-Box: NJ Supreme Court Upholds Electronic Employee Arbitration Agreements
On August 18, 2020, in a landmark decision for employers, the New Jersey Supreme Court released its long-awaited opinion in Skuse v. Pfizer (A-86-18) (082509), holding that an employee must arbitrate her employment discrimination claims agreed to in an electronic employee arbitration agreement. The decision reverses the Appellate Division’s January 2019 decision, which had imposed heightened requirements on employers obtaining employees’ assent to arbitration agreements.
New Jersey Arbitration Act Rushes in and Orders Arbitration Where FAA Fears to Tread
In a July 14, 2020 decision the Supreme Court of New Jersey held that the New Jersey Arbitration Act (NJAA) may apply to arbitration agreements even if the parties are subject to the Federal Arbitration Act (FAA) exemption for transportation workers engaged in interstate commerce.
To Screen or Not to Screen? Amazon Must Face NJ Wage Class Action for Workers’ Post-Shift Screening
On June 29, 2020, the U.S. District Court for the District of New Jersey ruled that Amazon must face a proposed class action alleging violations of New Jersey Wage and Hour Law (NJWHL), which seeks compensation for time spent undergoing mandatory post-shift security screenings and for time spent during meal breaks.
New Permit Extension Act Enacted in Response to COVID-19
As the COVID-19 pandemic continues to significantly affect all aspects of the real estate industry, the legislature of the State of New Jersey has passed amendments to the Municipal Land Use Law (the “MLUL”), codified at N.J.S.A. 40D:55-1, et. seq. The amendments contained in Assembly Bill A-3919 (the “Law”) will have a significant effect on pending real estate projects, both those that have received land use approvals and those with pending applications before municipal land use boards.
Will You Be Immune to COVID-19 Lawsuits?
As businesses and institutions of higher education begin returning to in-person work or instruction, entities continue to grapple with reopening and the probability of infection despite following all current health guidelines. The evolving guidance from health officials, the federal, state and local governments means that businesses and institutions will be constantly monitoring and updating procedure and protocols in response to the public health emergency.
Supreme Court Finds Federal Law Bars LGBT Employment Discrimination
The U.S. Supreme Court (SCOTUS) held today that the ban on sex discrimination in the federal employment law, Title VII of the Civil Rights Act of 1964, covers employment discrimination based on sexual orientation or transgender identity.
City of Newark Amends Pay-to-Play Ordinance: What Government Contractors Need to Know
The City of Newark originally imposed pay-to-play restrictions via executive order in 2007, an approach that was later formalized into ordinance in 2012.
New Jersey Gives Employers Struggling with the COVID-19 Pandemic a Temporary Break: Delay and Changes to the Amended New Jersey WARN Act
In response to growing concerns of employers due to the COVID-19 pandemic, on April 14, 2020, Governor Phil Murphy signed into law new legislation which provides two significant changes to the Millville Dallas Airmotive Plant Job Loss Notification Act (NJ WARN). Pursuant to the January 21st changes, initially scheduled to become effective on July 19, 2020, employers will be required to provide longer notice periods and mandatory severance pay in connection with a large layoff or facility closure.
New Law Allows Remote Notarization During COVID-19 Pandemic
On April 15, 2020, New Jersey Governor Phil Murphy signed bill A-3903 into law. The new law allows for New Jersey notaries (or an officer authorized to take oaths, affirmations, and affidavits, or to take acknowledgements) to notarize documents virtually using audio-video technology, during the time of this public health emergency (as declared by the Governor in Executive Order 103 of 2020).
In the Wake of the COVID-19 Pandemic, New Jersey Expands Employee Leave Entitlements
On March 25, 2020, New Jersey Governor Phil Murphy signed S2304, amending the New Jersey Earned Sick Leave Law, the New Jersey Family Leave Act (“FLA”), and the New Jersey Temporary Disability Benefits Law (“TDL”). The amendments expand an employee’s ability to take leave and collect temporary disability benefits during epidemic-related emergencies.
New Jersey Election Law Enforcement Commission Announces Grace Period for Form BE Annual Pay-to-Play Disclosure
The statutory filing deadline for the Form BE annual pay-to-play disclosure in New Jersey, which requires each business entity that received payments of $50,000 or more (in the aggregate) as a result of New Jersey government contracts during the 2019 calendar year to disclose its government contracts and political contributions, is set for Monday, March 30, 2020.
Key Employer Take-Aways from Long-Awaited Guidance on New Jersey's Equal Pay Act
On March 2, 2020, the New Jersey Division on Civil Rights (DCR) issued Guidance on the Diane B. Allen Equal Pay Act (Equal Pay Act) – the New Jersey law requiring employers to offer equal pay to employees performing substantially similar work.
New Jersey’s “Dark Money” Law is Effectively Dead
For more than a year now, New Jersey non-profits and politically active groups have been following the saga of S150, the so-called Dark Money law. This law would have dramatically increased the reporting obligations of 501(c)(4) social-welfare organizations and political organizations operating under Section 527 of Internal Revenue Code that engaged in a wide range of New Jersey political activity and advocacy.
Jennifer Roselle to Present FMLA Seminar for the New Jersey State League of Municipalities
Counsel Jennifer Roselle, Esq. will present a seminar to the New Jersey State League of Municipalities at a Professional Development Program entitled, “Leaves of Absence in New Jersey-A Look at the Family Medical Leave Act and the New Jersey Family Leave Act” on March 11th.
Rebecca Moll Freed to Present Government Banking Seminar for New Jersey Bankers Association
Partner Rebecca Moll Freed, Esq. will present a Government Banking Seminar for members of the New Jersey Bankers Association on March 10th.