In a unanimous opinion issued on January 14, 2015, the New Jersey Supreme Court determined that the “ABC test” governs whether an individual is an “employee” or an “independent contractor” entitled to the protections of New Jersey’s Wage Payment Law and Wage and Hour Law. See Hargrove v. Sleep’s, LLC, A-70-12 (Jan. 14, 2015)
employment policies
New York City Amends Earned Sick Time Act
By Michael N. Morea on
Posted in Employment Policies and Practices
As we previously reported, last summer the New York City Council passed the Earned Sick Time Act (the “Act”), requiring businesses with at least 20 employees to provide employees with five paid sick days (i.e. 40 hours) per year starting in April 2014. The Act also requires employers with 15 or more employees to…
New Jersey Law Against Discrimination Now Expressly Covers Autism
By Nicole G. McDonough on
On January 15, 2010, Governor Christie signed into law a bill clarifying the New Jersey Law Against Discrimination (“NJLAD”), N.J.S.A. 10:5-1, et seq., as it applies to persons with a developmental disability. This law amends the definition of “disability” in the NJLAD to expressly include “autism spectrum disorders.” N.J.S.A. 10:5-5(q).
In light of the amendment, …
Appellate Division Reverses Trial Court and Holds that Employee Did Not Waive Attorney/Client Privilege by Using Web-Based Email on a Company Computer
By Randi W. Kochman on
Posted in Employment Policies and Practices
On April 22, 2009, we wrote about Stengart v. Loving Care Agency, Inc., a case in which the New Jersey Superior Court held that an employee who used her personal web-based Yahoo email account on the company’s computer to communicate with her attorney waived her attorney-client privilege. In a sharp rebuke of the trial …
Employers Must Prepare For A Swine Flu Pandemic and Other Possible Disasters
By Randi W. Kochman on
Posted in Employment Policies and Practices
In the midst of recent and widespread fear and panic surrounding the H5N1 swine flu virus, many employers are appropriately inquiring as to how they can protect their operations, employees, clients and customers from outbreaks and pandemics including the current swine flu and even the avian flu of years past.
Any actual or potential outbreak …