NJ Supreme Court Upholds Whistleblower Protections For ”Watchdog” Employees
Co-Authored By Jeri L. Abrams By a 5-0 decision, the NJ Supreme Court has ruled that all employees, including “watchdog” employees, are entitled to whistleblower protection under the New Jersey Conscientious Employee Protection Act (CEPA). Under a previous Supreme Court decision, some defendant employers successfully argued that an employee cannot claim whistleblower protection if the […]
New Jersey Bill Prohibiting Discrimination Against The Unemployed Edges Closer To New Law
On May 12, 2014, the New Jersey Senate approved a Bill (S.1440) that would make it unlawful for New Jersey employers to discriminate against job applicants who are currently unemployed. This prohibition would apply to the hiring process as well as to the setting of terms and conditions of employment. New Jersey law (NJSA 34:8B-1) […]
Joseph C. DeBlasio, Esq. To Speak at DRI's 37th Annual Employment and Labor Law Seminar, May 7-9, 2014
Joseph C. DeBlasio, Esq., co-chair of the firm’s Labor and Employment Department, will be speaking at the Defense Research Institute’s (DRI) 37th Annual Employment and Labor Law Seminar being held in Scottsdale, Arizona from May 7-9, 2014. On May 7, 2014 at 3:00 pm, Mr. DeBlasio will be presenting on “Making the Most of the […]
Jay Becker To Present "Hot Topics In Employment Law" At The ACG Member Forum Meeting On October 23, 2013
For more information on the event click here.
Can Compliance Officers Be Whistleblowers?
In a decision published yesterday, Lippman v. Ethicon, Inc. and Johnson & Johnson, the Appellate Division held that compliance officers can be whistleblowers. This decision reaches the opposite holding of another published Appellate Division case decided in 2008 – Massarano v. New Jersey Transit. Neither case is binding on the other and Lippman does not […]
Whistleblower Under Affordable Care Act
Below is a link to the Department of Labor’s website in regard to its proposed regulations expanding whistleblower protection to individuals who complain about the actions taken under the Affordable Care Act. The difficulty for the employers in this situation is the fact that they are looking at an Act that covers almost 2,000 pages […]
Posting By Employer Regarding Pending Legal Action Can Violate CEPA
In Flecker v Statue Cruises, LLC, the plaintiff filed an action against his employer alleging violations of the New Jersey Wage and Hour Law. In response, the employer posted a memorandum directed to all employees informing them of the suit. The memo specifically identified plaintiff as the party responsible for filing the suit and advised […]
Ultrasound Technician does not Get Whistle-Blower Protection for Second-Guessing Doctor
Imagine that one day a pregnant woman goes in for a routine ultrasound. During the exam, she tells the technician that some time earlier in the pregnancy she had an issue with substantial vaginal bleeding. She also explains that her doctor instructed her to just rest in bed. Now, imagine that the technician, genuinely alarmed […]
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