With the continued spread of COVID-19, more commonly known as the “Coronavirus,” employers and employees alike are becoming increasingly concerned about workplace health and safety. If they have not done so already, employers should begin proactively considering safety measures to help prevent an outbreak in the workplace, while also being mindful of the potential legal
employment policies
NJ Supreme Court Embraces Employee-Friendly Test for Determining Independent Contractor Status
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)…
New York City Amends Earned Sick Time Act
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
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
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…