New Jersey Archives - Ogletree Deakins

New Jersey Adds to List of “Essential” Retail Businesses Permitted to Remain Open Pursuant to Executive Order 107

We recently reported that on March 21, 2020, Governor Philip D. Murphy’s Executive Order (EO) No. 107 ordered that all non-essential retail businesses close their physical locations in New Jersey until further notice effective immediately. On March 30, 2020, New Jersey expanded, for the second time, the list of essential retail businesses whose physical locations are permitted to continue operating during their normal business hours (which were originally included in EO 107’s order to close “nonessential” businesses to prevent the further spread of COVID-19).

Jennifer Rygiel-Boyd Morristown Author

New Jersey Expands the List of Essential Retail Businesses Permitted to Remain Open in Accordance With Executive Order 107

On March 21, 2020, New Jersey Governor Phil Murphy issued Executive Order No. 107 (EO 107), which ordered all nonessential retail businesses to close their physical locations in New Jersey until further notice. Then on March 24, 2020, the state expanded the list of essential retail businesses whose physical locations are permitted to continue operating during their normal business hours.

Jennifer Rygiel-Boyd Morristown Author

New Jersey to Close All Non-Emergency Childcare Centers on April 1, 2020

On March 25, 2020, New Jersey Governor Phil Murphy signed Executive Order No. 110 (EO 110), which mandates the closing of all childcare centers operating in New Jersey unless they are certified as emergency childcare centers and agree to “provide child care services exclusively to ‘essential persons’ during the school closure period.”

Jennifer Rygiel-Boyd Morristown Author

New Jersey Postpones Elective Surgeries and Invasive Procedures Due to COVID-19

New Jersey Governor Philip D. Murphy signed Executive Order (EO) No. 109 on March 23, 2020, suspending all “elective surgeries and invasive procedures performed on adults that are scheduled to take place after 5:00 p.m. on Friday, March 27.”

Jennifer Rygiel-Boyd Morristown Author

New Jersey Governor Issues Stay Home Executive Order Closing Non-Essential Retail Businesses

On March 21, 2020, Governor Phil Murphy signed Executive Order (EO) No. 107, requiring New Jersey residents to stay at home and closing the physical location of any non-essential retail business so long as the order stays in effect. Although their “brick-and-mortar” locations must remain closed, businesses may continue to operate their online and telephone delivery services to the extent they are licensed to do so. The order went into effect on March 21, 2020, at 9:00 p.m.

Jennifer Rygiel-Boyd Morristown Author

Kevin B. Walker Morristown Author

Governor Murphy Proposes Numerous Changes to the New Jersey Law Against Discrimination

On February 18, 2020, Governor Phil Murphy proposed a host of legislative changes to the New Jersey Law Against Discrimination (NJLAD) (N.J.S.A. 10:5-1, et seq.). According to the governor, the changes aim “to clarify legal grey areas.”

Meghan A. Mills Philadelphia Author

Michael J. Westwood-Booth Morristown Author

Keeping Up With New Jersey Employment Law Developments

It was a busy January 2020 in Trenton, with the state enacting several new employment laws, with more apparently on the way. This is in addition to the slew of new laws adopted in 2019 impacting New Jersey employers. Here’s a summary of recent employment law developments in New Jersey just one month into 2020, a look at what may be on the way, and a recap of 2019’s changes.

Mark Diana Morristown Author

New Jersey to Become First State to Guarantee Severance Payments Due to Mass Layoffs

On January 21, 2020, Governor Phil Murphy signed into law Senate Bill 3170, which expands New Jersey’s Millville Dallas Airmotive Plant Job Loss Notification Act (New Jersey WARN Act) well beyond the requirements of the federal Worker Adjustment and Retraining Notification Act of 1988. The law is scheduled to go into effect on July 19, 2020, and will make New Jersey the first state to guarantee payment of severance to employees affected by mass layoffs.

Rachel C. Stone Philadelphia Author

Peter O. Hughes Morristown Author

New Jersey Resumes Efforts to Amend ABC Test for Independent Contractor Status, Passes Slate of Laws Targeting Misclassification

The New Jersey legislature closed out 2019 by trying to push through a bill that would have substantially amended the state’s “ABC test” for determining independent contractor status, and effectively prohibited New Jersey companies from utilizing independent contractor workforces. On January 14, 2020, the state senate introduced S863, which presents many of the same problems for New Jersey businesses that its predecessors did.

Ryan T. Warden Philadelphia
Morristown Author

New Year, New Minimum Rates: State-by-State Minimum Wage Updates for 2020

In 2020, a number of states’ minimum wage rates will increase. The following chart lists the states’ (and certain major localities’) minimum wage increases for 2020—and future years if available—along with the related changes in the maximum tip credit and minimum cash wage for tipped employees. The federal minimum wage will remain at $7.25 per

Charles E. McDonald, III Greenville Author

Second Circuit Stamps Out Approval Requirement for FLSA Claims Settled Via Rule 68 Offers of Judgment

On December 6, 2019, the U.S. Court of Appeals for the Second Circuit held in Yu v. Hasaki Restaurant, Inc., No. 17-3388, that judicial approval is not required to settle Fair Labor Standards Act (FLSA) claims via a Federal Rule of Civil Procedure 68(a) offer of judgment.

Kelly M. Cardin Stamford
New York City Author

Erik D. Mass New York City Author

Jessica R. Schild New York City Author

Employers Beware: New Jersey Enacts One of the Toughest “Wage Theft” Laws in the Country

On August 6, 2019, Acting Governor Sheila Oliver signed the New Jersey Wage Theft Act (WTA) into law. The law has been touted by proponents as the toughest wage theft statute in the country. Notwithstanding its name, the WTA goes far beyond attempting to prevent and punish intentional “wage theft” by significantly expanding the liability even the best-intentioned employers will face for state wage law violations.

Ryan T. Warden Philadelphia
Morristown Author

Michael J. Westwood-Booth Morristown Author

New Jersey to Require Certain Employers to Provide Pretax Transportation Fringe Benefits

On March 1, 2019, New Jersey governor Phil Murphy signed Senate Bill No. 1567 (S1567) into law, making New Jersey the first state to require certain employers to provide pretax transportation fringe benefits to employees.

Michael K. Mahoney Morristown Author

New Jersey Bars Nondisclosure Agreements in All Discrimination Settlements, Purports to Bar Arbitration Agreements

On March 18, 2019, Governor Phil Murphy signed into law Senate Bill 121 (S121), which amends the New Jersey Law Against Discrimination (NJLAD) in two important respects, effective immediately.

Peter O. Hughes Morristown Author

Michael Nacchio Morristown Author

New Jersey Expands Family Leave Laws

On February 19, 2019, New Jersey Governor Phil Murphy signed legislation that amends and significantly expands New Jersey’s existing Family Leave Act (NJFLA) and Family Leave Insurance law (NJFLI).

Michael Nacchio Morristown Author

Mark Diana Morristown Author

Third Circuit Rules That FAAAA Does Not Preempt New Jersey’s ABC Test for Determining Independent Contractor Status

On January 29, 2019, the Third Circuit Court of Appeals concluded that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt New Jersey’s ABC test for determining whether a worker is an independent contractor or employee.

Alexander M. Chemers Los Angeles Author

Ryan T. Warden Philadelphia
Morristown Author

New Jersey’s Minimum Wage to Reach at Least $15 by 2024

New Jersey has joined the ranks of California, Massachusetts, New York, and the District of Columbia in requiring a phased increase of the minimum wage to $15 an hour as a result of a bill (A-15/S-15) signed into law by Governor Phil Murphy on Monday, February 4, 2019.

Ryan T. Warden Philadelphia
Morristown Author

Michael Nacchio Morristown Author

State-by-State Minimum Wage Updates for 2019 and Beyond

In 2019, a number of states’ minimum wage rates will increase.

Charles E. McDonald, III Greenville Author

New Jersey Paid Sick Leave Law Update: NJDOL Issues New Guidance

In response to many questions about the New Jersey Paid Sick Leave Law, which will go into effect on Monday, October 29, 2018, the New Jersey Department of Labor and Workforce Development (NJDOL) issued a detailed list of answers to frequently asked questions (FAQs) on October 24, 2018.

Mark Diana Morristown Author

Michael J. Riccobono Morristown Author

Frequently Asked Questions About the New Jersey Paid Sick Leave Law, Part III

The New Jersey Paid Sick Leave Law (PSLL) goes into effect on October 29, 2018. We have received hundreds of questions in the last few weeks from employers seeking guidance on what they must do to comply with the law in advance of its looming effective date. This is part three in a three-part series answering some of these frequently asked questions.

Mark Diana Morristown Author

Michael J. Riccobono Morristown Author

Frequently Asked Questions About the New Jersey Paid Sick Leave Law, Part II

The New Jersey Paid Sick Leave Law (PSLL) goes into effect on October 29, 2018. We have received hundreds of questions in the last few weeks from employers seeking guidance on what they must do to comply with the law in advance of its looming effective date. This is part two in a three-part series answering some of these frequently asked questions.

Mark Diana Morristown Author

Michael J. Riccobono Morristown Author

Frequently Asked Questions About the New Jersey Paid Sick Leave Law, Part I

The New Jersey Paid Sick Leave Law (PSLL) goes into effect on October 29, 2018. We have received hundreds of questions in the last few weeks from employers seeking guidance on what they must do to comply with the law in advance of its looming effective date. This is part one in a three-part series answering some of these frequently asked questions.

Mark Diana Morristown Author

Michael J. Riccobono Morristown Author

New Jersey Paid Sick Leave Law Update: Required Poster Released

On October 3, 2018, the New Jersey Department of Labor and Workforce Development (NJDOL) released on its website the required notice that must be posted and distributed to all New Jersey employees under the New Jersey paid sick leave law.

Mark Diana Morristown Author

New Jersey Paid Sick Leave Law—Proposed Regulations Issued

The New Jersey Department of Labor and Workforce Development (NJDOL) recently issued proposed regulations to implement the New Jersey paid sick leave law (PSLL), which goes into effect on October 29, 2018. The proposed regulations address many questions New Jersey employers have about the new law, but other areas of uncertainty remain.

Mark Diana Morristown Author

New Jersey Law Expands Striking Workers’ Eligibility for Unemployment Benefits and Imposes Penalties for Hiring Permanent Replacements

On August 10, 2018, New Jersey Governor Phil Murphy signed legislation allowing striking workers to collect unemployment benefits under several new and potentially expansive circumstances.

Michael J. Riccobono Morristown Author

Eric C. Stuart Morristown Author

Reexamining Reasonableness: What Employers Should Know About the Third Circuit’s Take on the Faragher-Ellerth Defense

The Third Circuit Court of Appeals recently issued an opinion in Minarsky v. Susquehanna County, No. 17-2646 (July 3, 2018). The decision, which vacated the entry of summary judgment in favor of an employer that had asserted the Faragher-Ellerth defense to a sexual harassment claim based upon a hostile work environment, provides some important lessons for employers.

Simone R.D. Francis St. Thomas
New York City Author

New Jersey 2018 Legislative Update: 11 Bills That Employers Should Watch

On January 16, 2018, Democratic candidate Phil Murphy was sworn in as the 56th governor of the State of New Jersey, replacing Republican former governor Chris Christie. As reflected in the Report of the Labor and Workforce Development Transition Advisory Committee, Governor Murphy’s administration is poised to advance legislation that will have a significant impact on employers doing business in New Jersey.

Michael J. Riccobono Morristown Author

New Jersey Paid Sick Leave Bill Signed Into Law

On May 2, 2018, New Jersey Governor Phil Murphy signed into law a bill that requires New Jersey employers to provide their employees with paid sick leave. Once enacted, New Jersey will join nine other states and the District of Columbia in requiring paid sick leave.

Robin Koshy Morristown Author

Michael J. Riccobono Morristown Author

New Jersey Enacts Expansive Equal Pay Law

On April 24, 2018, newly-elected Governor Phil Murphy signed into law the Diane B. Allen Equal Pay Act, which amends the New Jersey Law Against Discrimination (NJLAD) by significantly expanding existing pay equity protections for New Jersey employees, imposing difficult defense burdens on New Jersey employers, and creating a six-year statute of limitations for pay equity claims under the NJLAD.

Michael J. Riccobono Morristown Author

New Year Update for New Jersey Employers: Minimum Wage Changes, Poster Update, and Annual Reminders

As 2017 comes to a close, we remind New Jersey employers to take note of the state’s minimum wage increase, effective January 1, 2018, and to tend to some notice and poster housekeeping.

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