A bill (A2493) introduced in the Assembly on March 11 seeks to protect employee rights to ownership and usage of employee inventions developed entirely on an employee’s own time and without using the employer’s resources. The bill would invalidate provisions in employment contracts entered into after the effective date of the Act that require the assignment of any such inventions, unless the invention: (1) relates to the employer’s business or “actual or demonstrably anticipated research or development” or (2) results from any work performed by the employee on behalf of the employer. The bill further provides that if an employee offers to sell all or part of the rights to an invention to his or her employer, the employer shall have no more than nine months to accept or reject the offer. If the employer does not accept, it shall be barred from any further opportunities to acquire any of the rights to that invention.
In Antone v. Nobel Learning Communities, et. al, No. 11-3617 (D.N.J., Jan. 19, 2012), the employer received FMLA paperwork from its employee and allowed her to take 12 weeks of leave, but never advised the employee of the date on which her FMLA leave would expire. She was terminated eight days after – unbeknownst to
On November 6, 2012, the City of San Jose approved a Minimum Wage Ordinance (MWO) that became effective on March 11, 2013. Under the MWO, the minimum wage for “covered employees” working within the city limits of San Jose will be $10.00 per hour. A “covered employee” is anyone who…..
New Jersey Bills Seek to Reduce or Eliminate Unemployment Benefits Upon Receipt of Severance Benefits
On May 10, 2012, a bill was introduced (A2654) to disqualify individuals from receiving unemployment insurance benefits when their severance payments significantly exceed the average annual pay for all workers in the state. The bill would establish a complex calculation by which the statewide annual wage would be subtracted from the total amount of severance pay paid or payable to the employee, resulting in the “amount of severance pay attributed to the individual.”