On June 1st, 2025, New Jersey’s Pay Transparency Act (the “Act”) goes into effect, requiring New Jersey employers to identify certain wage or salary information in both internal and external job postings. The Act is another effort in a series of steps taken by the state of New Jersey to…
On April 17th, 2025, the United States Supreme Court issued a unanimous opinion in Cunningham v. Cornell University establishing a plaintiff-friendly pleading standard applicable to prohibited transaction claims under the Employee Retirement Income Security Act (“ERISA”). The Court’s holding makes it significantly easier for plaintiffs to defeat early-stage motions to…
On March 17, 2025, the New Jersey Supreme Court issued a unanimous decision finding that commissions are wages under the New Jersey Wage Payment Law (“WPL”) because they are “direct monetary compensation for labor or services rendered by an employee.” There are no exceptions – compensating an employee by paying…
On January 16, 2025, New Jersey’s Data Protection Act (“NJDPA” or the “Act”) went into effect, making New Jersey the nineteenth state to adopt a comprehensive data privacy law. The opportunity to cure any defects under the law will sunset on July 1, 2026. Therefore, it is critical that covered…
As we are already a few weeks into the new year, now is a good time for employers to review their employee handbooks and policies to ensure compliance with the following changes in New Jersey employment law or best practices. The Pay Transparency Act Effective June 1, 2025, New Jersey…
Employers commonly utilize social media to gather information about prospective employees as part of the hiring process. Although social media can be very useful for this purpose, the law on what is permissible use by an employer is underdeveloped. While we wait for the law to catch up to technology,…
In an age where anyone can look up almost anyone or anything online, the term “privacy” can be difficult to define. The meaning of the word becomes even more challenging when viewing privacy in the context of the workplace. Many employers struggle with not only identifying what is private protectable…
The Immigration Reform and Control Act (IRCA) of 1986 requires all U.S. employers, regardless of size, to complete a Form I-9 upon hiring a new employee to work in the United States. This form serves to verify an employee’s identity and ability to work in the country. On August 1,…
In a recent published decision, Kennedy v. Weichert, the New Jersey Appellate Division addressed the proper classification of fully commissioned real estate salespeople as employees versus independent contractors. The court ruled that these individuals are not subject to the “ABC” test for purposes of determining their classification under the New…
On March 16, 2022, the New Jersey Appellate Division concluded in Davis v. Disability Rights of New Jersey that a plaintiff-employee’s privacy interests in her social medial posts and personal cell phone bills did not restrict her employer’s right to the production of these records when defending against claims that…