On April 5, 2012, the New Jersey Appellate Division addressed the burden of proof for front pay claims, in Quinlan v. Curtiss-Wright Corporation, A-5728-06T1 (N.J. App. Div. Apr. 5, 2012) (a case which previously made headlines before the Supreme Court in 2010 and was covered in the December 2010 issue of the New Jersey eAuthority). The trial court had placed the burden of proving failure to mitigate front pay damages on the defendant—rather than placing the burden of proving mitigation of front pay damages on the plaintiff—resulting in a jury award to the plaintiff of $3,650,318.00 in future economic losses. The Appellate Division ordered a new trial on damages, holding that while an employer bears the burden of proving failure to mitigate for back pay damages, it was unfair also to compel the employer to “forecast what lucrative jobs will, in fact, be obtainable in the future market and to further demonstrate to the jury that [a] plaintiff will not pursue them.”
Effective December 1, 2009, it will be unlawful for any motor vehicle operator to text message while driving. Violations of the new law will constitute an “infraction” punishable by a $100 fine. However, no points or insurance surcharges can be assessed for a violation, and the statute expressly states that a violation “shall not constitute negligence per se or contributory negligence” in a civil lawsuit arising from an accident caused by texting.
On February 22, 2019, the Office of Federal Contract Compliance Programs (OFCCP) announced that it is on schedule to post its next Corporate Scheduling Announcement List (CSAL) in March 2019.
On October 1, 2018, San Francisco’s amendments to its Fair Chance Ordinance (FCO) took effect. The FCO is San Francisco’s “ban the box” equivalent that regulates employers’ use of applicants’ and employees’ arrest and conviction information.