On September 27, 2012, a bill (A3365) was proposed that would require employers to provide prospective employees, prior to accepting employment, a disclosure statement identifying: (1) the full legal name of the employer in charge of directing the work and paying compensation to the applicant upon accepting employment; and (2) the precise address of that employer. The bill would also require employers to provide a written or electronic copy of the disclosure statement upon request by the applicant at any time before or after accepting employment, and would prohibit employers from knowingly or purposefully publishing a job advertisement in the State of New Jersey that “distorts, obscures, or in any way attempts to misinform” the applicant by providing information regarding the employer-employee relationship that is false or contrary to the disclosure statement. Finally, the bill would prohibit employers from penalizing or discriminating against applicants who exercise their rights under the law. A violation of the law would constitute a disorderly persons offense, and would lead to liability for damages as well as a civil penalty of $1,000 for the first offense and $2,500 for subsequent offenses (collectible by the Commissioner of Labor).
The long-awaited and often debated results are in! On Tuesday, November 2, 2010, Georgia voters decided (quite convincingly) to amend the Georgia Constitution, which allowed for the previously passed House Bill 173 to become law (now O.C.G.A. §13-8-50, et seq.). This new statute dramatically alters the law as it pertains to employee non-compete, customer non-solicitation,
On April 27, 2020, the U.S. Department of Labor (DOL) issued its latest guidance to state unemployment agencies regarding the application of Pandemic Unemployment Assistance (PUA) to impacted individuals in Unemployment Insurance Program Letter No. 16-20. PUA applies to self-employed persons, gig economy workers, and independent contractors. PUA is also applicable to those impacted individuals who did not qualify for state unemployment assistance due to an inability to meet state qualifying criteria.
New Jersey Arbitration Agreement Declared Invalid Without Express Waiver of Employee’s “Right to a Trial”
Many employers have turned to mandatory employment arbitration agreements as a way to control the cost, duration, and publicity of employment litigation. New Jersey courts will enforce properly drafted agreements that require employees to arbitrate their employment-related claims, including statutory discrimination and retaliation claims.