Employment Law Posts

New Jersey Whistleblower Law: An Overview of CEPA

New Jersey Whistleblower Law: An Overview of CEPA

The Conscientious Employee Protection Act (“CEPA”) is among the broadest and most far-reaching whistleblower statutes in the country. At its core, CEPA protects employees from retaliation including being fired, demoted, suspended, passed up for a promotion, or harassed, due to an employee objecting to something he believed violated the law.

 

It applies not only to the private sector, but likewise covers state and local government employees, and may additionally provide coverage to those who are...


New Jersey Expands Age Discrimination Protections

New Jersey Expands Age Discrimination Protections

On October 5, 2021, Governor, Phil Murphy signed a new law (A681), which amends the New Jersey Law Against Discrimination (NJLAD) to expand age discrimination protections for New Jersey workers who are 70-plus years old. The legislation passed both houses of the Legislature without any no votes.

 

While NJLAD already prohibited age discrimination, an exception existed allowing employers to decide not to hire or promote workers over 70 based on their age. The new law eliminates this exception and further repealed the mandatory retirement age of 70 for tenured professors. The legislation additionally makes it more difficult for a government employer to set a mandatory retirement age...

At-will Employment: Does My Employer Need a Reason for Firing Me?

At-will Employment: Does My Employer Need a Reason for Firing Me?

What happens if my employer fired me for no reason?

Employees often have questions regarding their legal rights. One of the most commonly asked questions is: "whether you can sue your employer for firing you for no reason?"

 

New Jersey, like most states, has adopted at-will employment laws, which essentially means that in most cases, an employer can terminate an employee without reason. However, while an employer usually does not have to have a reason for firing an employee, there are exceptions, which are...

Applying for Work Post Pandemic: Employees’ Rights Under Federal and New Jersey Law

Applying for Work Post Pandemic: Employees’ Rights Under Federal and New Jersey Law

As the COVID-19 pandemic shows signs of winding down, employers across the state have reported that they cannot find enough workers for their businesses. Many have blamed the expanded unemployment benefits but that alone does not explain the mass shortage. Instead, many of the industries reporting the most issues are the ones with a less than perfect track record, with respect to workplace safety, fair wages, and employee satisfaction.

 

In accordance with New Jersey and Federal employment laws, workers are afforded various protections, such as minimum wage and...

No Adverse Action? No Problem: NJ Supreme Court Removes Hurdle for Employees in LAD Claims

No Adverse Action? No Problem: NJ Supreme Court Removes Hurdle for Employees in LAD Claims

No harm, no foul, often used to be the argument of certain employers, as part of their defense to failure-to-accommodate claims. In other words, if there was no adverse job action that came as a result of a failure to accommodate, the failure to accommodate claim was non-existent.

 

The New Jersey Supreme Court, however, ruled unanimously on June 8, 2021, in Richter v. Oakland Bd. of Educ., (A-23-19) (083273), that an adverse...

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