A bill (A4360), which was introduced on May 8, 2015, seeks to amend the Temporary Disability Benefits Law (TDBL) (N.J.S.A. 43:21-25 et seq.) to require that individuals disabled in connection with donating organs or bone marrow be restored to their original position of employment when the period of disability ends, or to an equivalent position with equivalent terms and conditions of employment. Such a guarantee of job protection would be a dramatic change to the TDBL, which currently only provides partial wage replacement, but no job protection to any disabled employees. The bill would also expressly identify a disability associated with organ or bone marrow donations as a “compensable disability” and waive the otherwise standard one-week waiting period to collect temporary disability benefits.
Presently, New York’s whistleblower protection statute, New York Labor Law Section 740, protects an employee’s disclosure to a supervisor or public body of activities, policies or practices that present “a substantial and specific danger to the public health or safety.” On January 10, 2011, a bill (S1641) to expand this protection was introduced in the Senate and referred to the Senate Labor Committee for review.
Supreme Court Holds Employee’s Use of Stolen Documents in Retaliation Claim May Be Protected Activity
The New Jersey Supreme Court recently announced the test for determining whether, and to what extent, an employee who copies and discloses an employer’s otherwise confidential documents for use in prosecuting a discrimination case against the employer has engaged in protected activity under the LAD. The plaintiff filed suit alleging gender discrimination and other claims after being passed over for a promotion. She then began to copy company documents, which she gave to her attorney to bolster her case.
This morning, in National Labor Relations Board v. Noel Canning, the Supreme Court of the United States concluded that the recess appointments of former National Labor Relations Board (NLRB) members Sharon Block, Terence F. Flynn, and Richard F. Griffin, Jr. made on January 4, 2012, were unconstitutional. As a result, every decision issued by the Board between January 4, 2012, and July 30, 2013, is void. National Labor Relations Board v. Noel Canning, No. 12–1281, Supreme Court of the United States (June 26, 2014).