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Morristown New Jersey Employment Law Blog

Freelancers say New Jersey contractor law will cost them work

It’s a relatively short drive south of Morristown to get to Middlesex. The borough’s State Sen Linda Greenstein recently said that in her two decades in the New Jersey legislature, she finds the proposed independent contractor law “the most confusing.”

Though she said the proposal is bewildering, she and others on the Senate Labor Committee voted their overwhelming support for it. Critics say the measure will hurt freelancers, losing them work and income and putting some of them out of business entirely.

The ABCs of New Jersey employment law could get tougher

It is important for many employers to hire independent contractors who can perform essential tasks at a lower overall cost than full-time employees with benefits. A bill recently introduced in the New Jersey legislature would create a stricter ABC test for determining who is and who is not a contractor.

The bill would make changes to a number of New Jersey employment laws, including the Wage and Hour Law, unemployment law and Wage Payment Law.

CEO’s ouster leads to more employment policy adjustments

Workplace romances can complicate office politics and watercooler conversation, but when the relationships involve employees with unequal power, employers can find their employment policies questioned, publicly scrutinized and even the target of litigation.

That’s the conclusion of a report by New Jersey’s News 12 on the recent ouster of McDonald's CEO Steve Easterbrook, who was dispatched after a consensual relationship with an employee became known. The report says that the ouster and #MeToo movement is prompting more companies to adopt employment policies that address workplace romantic relationships.

New Jersey investigating possible worker misclassification

Regular readers of our Morristown employment law blog know that New Jersey’s recent expansion of its wage and hour laws has made it easier for both regulators and workers to level a wide variety of charges against employers. We read recently that state labor auditors are investigating whether ride-sharing companies Uber and Lyft are misclassifying workers as independent contractors.

If the Department of Labor and Workforce Development determines that drivers are actually employees and not independent contractors, the companies would face a raft of possible sanctions and changes to pay, hours and more.

Changes to New Jersey paid family leave and more

New Jersey employers have all of the usual challenges that businesses must deal with daily, but they are also compelled to try to keep up with our state’s constant changes in employment law. Of course, it’s not enough to just know about the changes, you are required to comply with each new rule, regulation and statute.

Before next year's big expansion of New Jersey’s paid family leave program, employers should be aware of a couple of recent changes that went into effect. The changes are designed to make it easier for employees to take paid time off after the birth or adoption of a child, a disability or to care for a family member.

Nearly $1 million verdict in New Jersey employment retaliation case

Earlier this year, a New Jersey jury’s verdict in a lawsuit brought by a former bank employee made her bank account soar by $935,000. A state appellate court affirmed the verdict in the case in which the employee alleged that her former employer retaliated against her after she complained about unlawful discrimination.

Her lawsuit was brought under New Jersey’s Law Against Discrimination.

Preparing for a coming change to New Jersey employment law

We’re grateful to those who regularly stop by our Morristown Employment Law Blog to check out news and views. You know that it has been a busy summer with revisions to New Jersey employment law coming at a furious pace.

We would like to dive back into a topic we covered briefly in a post back in late July: a new ban on employers asking job applicants about salary history.

Making sure your New Jersey employee handbook is up to date

If your New Jersey employee handbook makes references to the Spice Girls, scrunchies or this new thing called the World Wide Web, it is very likely time for an update.

The Garden State’s employment law landscape has undergone significant changes in just the past year or so, including revisions of our state’s Family Leave Act, Family Leave Insurance Benefits law, the Law Against Discrimination and the Security And Financial Empowerment Act, the Wage Payment Law, the Equal Pay Act and the New Jersey State Wage and Hour Law among others. The shifting legal landscape makes it crucial that your employment policies are regularly revised to ensure compliance. 

More reshaping of New Jersey employment law

As regular readers of our Morristown, New Jersey, Employment Law Blog know, there have been a number of significant changes to state laws and regulations in recent months. That trend continued a few days ago when Acting Governor Sheila Oliver signed into law A-2903/S-1790, which makes important changes to the Wage Payment Law, the Equal Pay Act and the New Jersey State Wage and Hour Law.

With the amended law in place, an employer who owes unpaid wages (or wages lost because of retaliation) could face increasingly stiff penalties. The employee can get not only those wages, but also damages equal to 200 percent of the unpaid amount – plus attorney’s fees and reasonable costs.

Continuing case shows the importance of protecting trade secrets

For months now, national news has been covering stories regarding Huawei, a large Chinese tech company, that has been accused of stealing trade secrets from CNEX. The story has been developing since 2017, with accusations going back and forth and businesses paying the price.

This is a complicated international situation that many New Jersey business owners are likely relieved that they do not have to worry about. But this case sheds light on some of the complex matters that any business could face when trying to protect their trade secrets.

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