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The New Jersey Employment Law Firm Blog

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Third Circuit Rules on Employment Discrimination Claim Based on New Jersey’s Recreational Cannabis Law

New Jersey has allowed the use of cannabis for at least some reasons for the last fifteen years. Still, the relationship between New Jersey employment law and cannabis law remains uncertain. Employees in New Jersey who use cannabis for medical purposes with a doctor’s prescription may have rights under state…

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Third Circuit Revives New Jersey Corrections Officer’s Claims Against His Employer

Employees have privacy rights when it comes to their employment, although the extent of those rights depends, in part, on whether they work for the government or a private business or organization. Public employers have obligations under various statutes and, ultimately, the U.S. and state constitutions. Violation of privacy and…

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Study Shows Race and Sex Bias in AI Hiring Tools

Artificial intelligence (AI) applications are becoming quite common for a wide range of uses in employment. Many businesses use AI tools in hiring as a way of increasing efficiency, They can train AI tools, for example, to screen out applicants who meet certain criteria, or to look for certain favored…

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National Labor Relations Board General Counsel Takes on Non-Compete Clauses

Workers have the right, under both federal and New Jersey employment laws, to engage in activities related to organizing and negotiating with their employers. This might involve joining or forming a labor union, but the law also protects more informal activities that have the goal of protecting workers’ interests. Employers…

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Home Care Company Owes Wages to Employees for Travel Time, Third Circuit Rules

Employers must pay hourly employees for all the time they are on the job. This is not limited to the time they are at their workstation and actively engaged in their job duties. New Jersey employment law requires employers to pay workers for time spent on other required tasks. Unpaid…

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Gender Identity Discrimination and Workplace Restroom Access in New Jersey

Discrimination based on gender identity or gender expression has received a large amount of attention, partly due to advances made by advocates for transgender and gender non-conforming individuals in the workplace and elsewhere. It is also due to pushback against those advances. New Jersey employment law specifically bars discrimination based…

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Four Federal Agencies Partner to Investigate Antitrust Violations Affecting Workers in New Jersey and Nationwide

Employees who have experienced unlawful practices in the workplace, such as wage and hour violations, misclassification, or discrimination, can turn to New Jersey employment laws. Some employment practices may violate antitrust laws at the federal and state levels. Antitrust laws prohibit actions that prevent or inhibit competition among businesses. The…

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New Department of Labor Overtime Rule Hits Roadblock in New Jersey and Nationwide

Federal and New Jersey employment laws protect many workers’ right to receive overtime pay when working more than forty hours a week. The federal Fair Labor Standards Act (FLSA) provides overtime pay at a time-and-a-half rate. It exempts certain categories of workers, including “executive, administrative, and professional” (EAP) employees. The…

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Equal Pay Laws in New Jersey

Disparities in wages and salaries remain a pernicious form of employment discrimination. According to the Pew Research Center, the nationwide gender pay gap only improved by 2% from 2002 to 2022. Women, on average, earned $0.80 for every $1 men earned in 2002, and $0.82 per $1 two decades later.…

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New State Law Requires Pay Transparency by New Jersey Employers

Disparities in wages and salaries remain a major form of workplace discrimination. New Jersey employment laws have tried to address this issue, but it can be difficult to identify wage discrimination, especially when employers attempt to prevent discussion about wages and salaries. The New Jersey Legislature passed a law in…

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