In January of this year, New Jersey enacted a package of laws designed to root out and punish misclassification of employees as independent contractors. One of those laws, N.J.S.A. 34:1A-1.19, which went into effect on April 1, 2020, requires all New Jersey employers to post a notice regarding employee misclassification, in a form issued by the New Jersey Department of Labor and Workforce Development (NJDOL). In May 2020, the NJDOL issued the required notice, which all New Jersey employers must post in a place or places accessible to all employees, in each of the employer’s workplaces within the state.
Failure to Accommodate Claim Permitted Where Employer Did Not Consider Reassignment to Vacant Position
Gomez v. Con-Way Cent. Express Inc., 2009 U.S. Dist LEXIS 23190, No. 06-cv-5352 (D.N.J., March 24, 2009) – The plaintiff, a truck driver, was responsible for loading and unloading freight frequently weighing up to 50 pounds and occasionally more than 75 pounds. After aggravating a pre-existing back problem, he was given a light duty job
According to the Eighth Circuit Court of Appeals, the Uniformed Services Employment and Reemployment Rights Act (USERRA) requirement that a returning service member be reemployed in the position that he or she would have occupied had that employment not been interrupted by a military commitment does not preclude layoff or…..
A federal jury in Newark recently imposed compensatory and punitive damages on an employer whose managers surreptitiously monitored employees’ postings on a private Internet chatroom. The managers obtained the chatroom password from a female employee and then terminated the employees responsible for creating the chatroom. The jury found the employer liable for violating both the federal Stored Communications Act and the New Jersey Wiretapping and Electronic Surveillance Control Act, because they obtained the chatroom password by duress.