New Jersey Resources NJ Department of Labor NJ Division of Workers Compensation NJ Public Employment Relations Commission (PERC) NJ Perc Recent Commission Decisions A Laypersons Guide To Understanding the Workers Compensation System in New Jersey A New Jersey Law in Review article by Attorney John D. Kovac Preventing Lawsuits and Employee Turnover A New Jersey Law in Review article by Attorney Bruce E. Gudin of Levy, Ehrlich & Petriello New Jersey Employment Law Forum The Laws: 29 USC Title Labor Link to the table of contents at Cornell’s Legal Information Institute 26 USC CHAPTER 23 Unemployment Link to the table  [ Read More ]

The Employee Retirement Income Security Act imposes responsibilities on employers who offer benefit plans to their employees and provides certain rules and regulations concerning the administration of the plans. The rules that govern plans differ depending on the type of plan offered by the employer. Some plans, however, are not governed by ERISA and are called “exempt plans.” Governmental benefits plans are specifically exempted from ERISA application by the statute. The benefits plans of most non-governmental employers are governed by ERISA. In order for a benefits plan to be exempt from the requirements of ERISA, one or more of the  [ Read More ]

It isn’t rocket science. Unused sick days by New Jersey’s public employees should have no cash value when those workers retire. As Gov. Chris Christie has often noted, “Sick days are for when you’re sick. And taxpayers and mayors working on tight budgets should not have to pay the cost for accumulated sick time.” The long-term goal of any reform in this regard has to be the elimination of this “phantom” perk, not some Byzantine work-around. The latest wrong-headed approach to this issue comes from Assemblywoman Pamela Lampitt, D-Camden, who introduced legislation last week that would attach an actuarial value  [ Read More ]

by Janice H. Louden, Esq. “Can I fire an employee who has a poor work history but has recently filed a claim for Worker’s Compensation?” “I recently lost my job after telling my supervisor that I was concerned about possible discrimination. The stated reason for the termination was tardiness. Can I sue the company for wrongful discharge?” The employment area is virtually exploding with lawsuits, claims, and new court decisions and statutes. The consequences of a mistake in this area of law can be very costly in terms of both employee morale and cost. It is important for both employers  [ Read More ]

New Jersey recognizes the right of a worker to prepare to compete with his or her employer even while in the employer’s employ, provided the preparation does not involve taking the employer’s confidential and proprietary information and property. However, New Jersey also recognizes that the worker owes a duty of undivided loyalty to act solely for — and in the best interests of — his or her employer. The worker’s right, therefore, does not curtail his duty to his employer, a New Jersey Appellate Division court has confirmed. Baseline Services, Inc. v. Kutz, 2011 N.J. Super. Unpub. LEXIS 2309 (NJ  [ Read More ]

Employment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. There is also a growing body of law preventing or occasionally justifying employment discrimination based on sexual orientation. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment. The main body of employment discrimination laws is composed of federal and state statutes. The United States Constitution and some state constitutions provide additional protection where the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the  [ Read More ]

Employment Contracts A contract of employment is a category of contract used in labor law to attribute right and responsibilities between parties to a bargain. On the one end stands an “employee” who is “employed” by an “employer”. It has arisen out of the old master-servant law, used before the 20th century. Put generally, the contract of employment denotes a relationship of economic dependence and social subordination. In the words of the influential labor lawyer Sir Otto Kahn-Freund, “the relation between an employer and an isolated employee or worker is typically a relation between a bearer of power and one  [ Read More ]