Most employers are aware that employee handbook rules that impede employees’ abilities to engage in protected concerted activity – e.g., organizing unions, discussing wages, discipline or other terms and conditions of employment – run afoul of rights guaranteed by Section 7 of the National Labor Relations Act (NLRA). Under the…
In its June 27, 2018 opinion in Janus v. AFSCME, Council 31 authored by Justice Alito, a divided U.S. Supreme Court resolved a long-standing battle over the ability of public sector unions to charge non-members “fair share” or “agency fees” to cover the cost of collective bargaining and other representational…
Under New Jersey’s Compassionate Use Medical Marijuana Act enacted in 2010, registered physicians may prescribe medical marijuana to qualified individuals for the treatment of certain conditions. As designed and implemented under prior state administrations, it was often hard for medical marijuana patients to qualify and difficult for cultivators to operate.…
Kathleen Connelly of Lindabury, McCormick, Estabrook & Cooper in Westfield has been handling management-side employment law matters for 25 years, but has also distinguished herself as a mentor. She helped found in 2007, and continues to take a leadership role in, the firm’s Women’s Business Initiative, and has a reputation at…
The floodgate of sexual harassment allegations spawned by the #MeToo movement is evidence that employers have dropped the ball on fostering work environments free from inappropriate sexual behaviors. The good news is, there are three simple steps employers can take to begin preventing workplace harassment from occurring — and potentially…
Effective January 8, 2018, the New Jersey Law Against Discrimination (“NJLAD”) was amended to include breastfeeding as a protected category. Under the amended law, employers must provide nursing mothers with reasonable breaks during the work day and a suitable private location close to the employee’s work area to express milk…
In the wake of the #MeToo and #TimesUp movements, the New York Legislature and the New York City Counsel have adopted groundbreaking legislation imposing significant employer obligations and expanding employee protections for unlawful sexual harassment in the workplace. New York State Legislation: As part of its 2018-2019 state budget bill,…
In recent years many New Jersey municipalities passed varying ordinances requiring employees within their jurisdictions to be afforded paid sick leave benefits. To the relief of those employers who were dealing with the patchwork of local sick leave ordinances, on May 2, 2018, Governor Murphy signed New Jersey’s first state-wide…
Similar to other federal anti-discrimination laws, the Americans with Disabilities Act (ADA) expressly prohibits employers from discriminating against employees on the basis of disability. The ADA, however, is unique in that it requires an employer to provide a reasonable accommodation to its disabled employees. Ordinarily, it is up to the…
In its recent decision in Trevejo v. Legal Cost Control, Inc., the Appellate Division signaled that the anti-discrimination protections of the New Jersey Law Against Discrimination (NJLAD) may be applied extraterritorially to employees who are not inhabitants of New Jersey, who do not come into the State to perform any…
