Subscribe to Our FeedMedical Marijuana Use Finally Gets Approved in NJ.
July 20, 2011
Posted by Jay S. Becker
After over a year and a half since first signed into law by former Governor Jon Corzine, Gov. Christie finally approved the use of marijuana for medicinal purposes. The delay was related to the conflict of the state law with federal law, which still strictly prohibits the use and sale of marijuana, even for medicinal purposes. Gov. Christie wanted to make sure that the state would not face federal prosecution if it allowed the sale of marijuana.
New Jersey joins 15 other states and the District of Columbia in the legalization of marijuana for medicinal use, although it appears that New Jersey’s law may be the strictest in the nation, namely because it controls how much of the active ingredient THC may be in the drug. After going through so much scrutiny in NJ, particularly with Gov. Christie, a former federal prosecutor, it is believed that many other states that currently do not allow the use of medical marijuana, may now reconsider.
How long it will take to put the law into effect needs to be seen, but for thousands of people in NJ suffering with painful ailments, it appears that relief is finally on the way.
Stay tuned for updates on this important law, and how it may impact the employment arena.
"'Alexander v. Seton Hall University': Refusal To Depart From Precedent Aligns The New Jersey Law Against Discrimination With The Lilly Ledbetter Fair Pay Act Of 2009"
March 21, 2011
Posted by Jay S. Becker
In a departure from United States Supreme Court precedent, the New Jersey Supreme Court recently ruled that each paycheck resulting from a prior discriminatory pay decision constitutes an actionable act of discrimination under the New Jersey Law Against Discrimination (LAD). The continuing violation doctrine, however, is not applicable to disparate pay discrimination claims under the LAD. Read more
Anti-Bias Policy Alone Not Enough To Shield Employers From Liability
March 7, 2011
Posted by admin
A recent New Jersey Appellate Division decision emphasizes that a written anti-discrimination policy, standing alone, is not enough to provide a safe haven to employers from discrimination claims. In Allen v. Adecco, Inc., A-1708-09 (Jan. 27, 2011), a New Jersey Appellate Division panel reversed a grant of summary judgment and reinstated the plaintiff’s sexual harassment claim against University of Medicine and Dentistry of New Jersey (“UMDNJ”) concluding that the trial court did not confirm whether UMDNJ’s policy was effective. Read more
"Supreme Court Grants Employees within the 'Zone of Interests' Standing to Sue for Title VII Retaliation"
February 24, 2011
Posted by admin
“Supreme Court Grants Employees within the ‘Zone of Interests’ Standing to Sue for Title VII Retaliation” discusses a landmark ruling in the United States Supreme Court, regarding Title VII of the Civil Rights Act of 1964., The article highlights several facets of the case including, retaliation by an employer against an employee because of protected activity by the employee’s fiancée.
Reports and Materials Generated During Voluntary Compliance Audits May Be Discoverable in Litigation
January 31, 2011
Posted by admin
In light of a recent Third Circuit decision, Craig v. Rite Aid Corp., No. 4:08-CV-2317 (M.D.Pa., Dec. 29, 2010), employers conducting voluntary compliance audits should proceed with caution, because any materials or reports generated during the process may be discoverable in subsequent litigation. Read more
DOL’s Interpretation Of “Son Or Daughter” Broadens Employee Protection Under The FMLA
November 11, 2010
Posted by admin
This article appears in the November edition of New Jersey Labor And Employment Law Quarterly.
On June 22, 2010, the U.S. Department of Labor (DOL) issued an administrator’s interpretation addressing the definition of “son or daughter” as it applies to an employee taking protected leave for the birth or placement of a child, to care for a newborn or newly placed child, or to care for a child with a serious health condition under the Family and Medical Leave Act (FMLA). The interpretation seemingly overrides the federal regulation defining “son or daughter,” and lessens the prerequisites for establishing in loco parentis status. Read more
"Roa V. Lafe": Post-Employment Retaliation Claims And The Continuing Violation Theory
November 11, 2010
Posted by Jay S. Becker
This article appears in the November edition of New Jersey Labor And Employment Law Quarterly.
The New Jersey Supreme Court recently examined the continuing violation theory in a case holding that a plaintiff’s post-employment retaliation claims brought under the New Jersey Law Against Discrimination (NJLAD) were actionable. However, the continuing violation theory did not apply to permit the plaintiffs’ timely claim based on post-discharge conduct to revive the time-barred retaliatory discharge claim. Read more
Union Attacks Homebuilder's Use of Independent Contractors
July 29, 2010
Posted by admin
In 2007, New Jersey became the first state to enact legislation giving a private right of action to workers who claim to have been denied employment because of a contractor’s knowing misclassification of its laborers as independent contractors. In a recent suit filed this month, N.J. Regional Council of Carpenters v. D.R. Horton, the Union alleges its workers were denied employment opportunities in favor of undocumented workers disguised as independent contractors by the homebuilder in an attempt to avoid the payment of taxes and employee benefits. This is the first such suit filed under the 2007 New Jersey Construction Industry Independent Contractor Act. The Act permits the displaced workers to recover damages, including lost wages and attorneys’ fees.
Interestingly, this suit was filed as a class action, with a putative class including current and former hourly employees of the builder. This action will be watched closely and could dramatically reshape the landscape of the construction industry in New Jersey.
Medical Marijuana Law Put on Hold
July 23, 2010
Posted by Jay S. Becker
Governor Christie signed a bill on June 30th effectively stalling to October 1st, the commencement of the New Jersey Compassionate Use Medical Marijuana Act. The Act was to be effective July 1st.
As reported in our past Blog postings, the New Jersey Act will be one of the most restrictive medical marijuana use laws in the nation, and undoubtedly, the delay in it’s implementation has to do with it’s strict administrative requirements.
Stay tuned for more updates with respect to this far reaching law.
An Employer's Right to Monitor Text Messages, and Other Forms of Electronic Communications
June 29, 2010
Posted by Jay S. Becker
Q: Can a public employer search an employee’s text messages? Under certain circumstances and the right policy in place, the United States Supreme Court says YES.
A: On June 17, 2010, in City of Ontario v. Quon, No. 08-1332, the U.S. Supreme Court unanimously ruled that a California city’s search of a police officer’s text messages on a City owned pager was reasonable and was done for legitimate work related purposes, and did not violate the employee’s right to unreasonable searches and seizures under the Fourth Amendment of the U.S. Constitution. The City of Ontario issued a pager to SWAT member Sergeant Jeff Quon. The City had in place an electronic communications policy, which provided the City with the right to monitor usage of the City’s electronic communication devices, such as email and internet use, while at the same time advised the user that there shall not be any expectation of privacy when using the publicly owned equipment. Although the policy did not specifically mention texting and pagers per se, it was understood by all in the Department that texting on pagers was included in the policy. Read more
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