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Morristown New Jersey Employment Law Blog

Could Massachusetts' noncompete reform work in New Jersey?

The state of Massachusetts has just passed a bill that would require companies to provide compensation to former employees if they decide to enforce noncompete agreements. The compensation -- either half the employee's salary or "mutually agreed-upon consideration" -- would be required for up to a year after the employee leaves the company.

This is referred to as "garden leave," after a British colloquialism for being paid to tend to one's garden.

Equal pay and paid sick leave present employer challenges

This past spring was big for followers of progressive political philosophy. The governor signed into law several measures that all New Jersey employers need to heed. This post looks at them both with the goal of encouraging employers to act for the protection of business interests.

The first is the Equal Pay Act. Effective as of the first of July, this amendment to the New Jersey Law Against Discrimination aims to reduce wage disparity resulting from employment discrimination. Employers violating the law can be assessed significant fines for every occurrence.

5 tips to improve your boring anti-sexual harassment training

At one time or another, we've all been subjected to a dull, seemingly pointless anti-sexual harassment training. Maybe the moderator simply read every word of the slides aloud. Maybe the information was so obvious that it felt like a waste of everybody's time. Maybe what was obvious was that HR had a compliance goal to meet.

When employee trainings are boring, unenlightening or designed merely to limit liability, the entire process can be worse than ineffective. It can actually be counterproductive. If your anti-sexual harassment trainings have had lackluster results, consider a few tips to make them more useful and engaging:

Does your company have a policy on Airbnb?

With the growth of the "sharing economy," businesses are having to deal with a number of new questions. When taking quick trips on the company dime, should employees hail a taxi or grab a Lyft? When traveling for business, can they book with Airbnb or should they stick with traditional hotels?

You want your employees to be innovative, especially when it comes to saving the company money. Airbnb wants to increase its market share by offering "business-ready" listings and adding a commercial dashboard to its website.

Judge: Bankruptcy won't protect Weinstein Co. from lawsuits

The Weinstein Co., which was co-founded by Harvey Weinstein, has filed for bankruptcy in Wilmington, Delaware. Dozens of women, at the least, may wish to sue the company for its alleged role in concealing sexual misconduct complaints against Harvey Weinstein. Filing for bankruptcy generally halts lawsuits against the bankrupt individual or company, putting them off until the proceedings are complete. In this case, however, the bankruptcy judge has ruled that the company will not be immune from litigation.

A group of women has filed a potential class action against the company in New York. They estimate they may end up representing the interests of as many as 100 women who claim to have been harassed or otherwise violated by Harvey Weinstein. They asked the bankruptcy judge to allow their lawsuit to move forward and to order the release of Harvey Weinstein's employment contract.

Supreme Court upholds arbitration clauses in employment contracts

In what many consider a major victory for employers, the U.S. Supreme court has upheld the use of mandatory arbitration clauses or agreements in employment contracts. These clauses typically require employees to bring legal complaints singly in arbitration as opposed to in class action lawsuits.

The left-leaning Economic Policy Institute has found that about 56 percent of American private-sector workers who aren't unionized have signed individual arbitration agreements with their employers. The Supreme Court's ruling is likely to dramatically increase the practice.

Why termination letters are important

It may go without saying, but being fired from a job can be a demoralizing experience for an employee, even while an employer had valid reasons for terminating employment. Despite this, disgruntled employees may believe that personality conflicts or benign mistakes may give rise to legal remedies.

Because of this, having written confirmation of your termination, and the reasons behind it, is an important step that is often overlooked because at will employees may be fired for any reason, as long as it is not an illegal reason. Nevertheless, a termination letter may clarify misunderstandings and offer an employer additional protection against legal action in the future.


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