On August 2, 2023, the National Labor Relations Board issued its long-anticipated decision in the Stericycle case. Employer policies and work rules will come under greater scrutiny. Any rule or policy that an employee would reasonably perceive as tending to have chilling effect on protected collective activity will be presumptively unlawful unless the employer can […]
New Requirements Effective July 31, 2023, the New Jersey Unemployment Compensation Act, N.J.S.A. 43:21-6, will require employers to follow new reporting procedures when an employee separates from employment. Employers will be required to provide the New Jersey Department of Labor Divisions of Employer Accounts and Unemployment Insurance (the “Division”) with specific information, through electronic filing, […]
A decision of the National Labor Relations Board issued on February 21, 2023, will have a significant impact on private sector employers who include confidentiality and non-disparagement provisions in severance, separation, or settlement agreements with their non-supervisory, non-managerial employees. The mere offering of an agreement containing an “overbroad” confidentiality or non-disparagement provision is unlawful, regardless […]
Lawful cannabis consumption in New Jersey is on a roll. There now are twenty recreational cannabis dispensaries in the state. Recreational cannabis sales in the third quarter of 2022 alone totaled $116,572,533.
On July 2, 2019, Governor Murphy signed into law the “Jake Honig Compassionate Use Medical Cannabis Act.” The law significantly expanded New Jersey’s medical marijuana program, established a new Cannabis Regulatory Commission, and created an extensive, detailed regulatory scheme based on what had been proposed in the recreational marijuana bills that failed to pass the […]
On March 27, 2019, the Superior Court of New Jersey, Appellate Division, issued its decision in Wild v. Carriage Funeral Holdings, Inc., et al. The appellate court reversed the dismissal of a complaint filed by a cancer patient who claimed that he had been terminated by his employer after the employer learned that the employee […]
December 2015 FBA Labor and Employment Law Third Circuit Update Stephen E. Trimboli, Esq. Trimboli & Prusinowski, L.L.C. Corrections officers receive the “predominant benefit” of their fifteen-minute unpaid meal period and are not entitled to receive overtime compensation under the Fair Labor Standards Act even though they are not relieved from all possible duty […]
November 2015 FBA Labor and Employment Law Third Circuit Update Stephen E. Trimboli, Esq. Trimboli & Prusinowski, L.L.C. Clients of temporary employment agencies can be deemed the employers of temporary employees for purposes of Title VII liability. Faush v. Tuesday Morning, Inc., _ F.3d _ (3d Cir. 2015), 2015 WL 7273268, C.A. 3, […]
Non-Compete Phobia Written on March 12, 2015 Jim Prusinowski contributed to Non-Compete Phobia with author Susan Goldberg who is the owner of SGES, Susan Goldberg Executive Search Consulting, a boutique retained search firm based in New York. https://www.bluesteps.com/blog/non-compete-agreement
On December 14, Fred Knapp, was sworn in as a Deputy Attorney General and placed in charge of the Morris County Prosecutor’s Office. Fred’s nomination to become the Morris County Prosecutor was submitted to the New Jersey State Senate for a vote in June 2012; however, a vote was not taken at that time. In […]