Blog Post
07/15/2021
By Ruth A. Rauls and Zachary Kimmel

New Jersey’s Governor has taken aim at employee misclassification by signing into law four Bills that anoint heightened administrative powers to the New Jersey Department of Labor (“DOL”), require additional reporting requirements, and amend the New Jersey Insurance Fraud Act (“NJIFA”) to allow for monetary penalties and civil liability. These new laws are yet another move by the Garden State to crack down on misclassification of employees as independent contractors, a practice that Governor Murphy has characterized as unfair to workers. Although the new laws all focus on addressing misclassification, they do so in differing ways.

Blog Post
06/16/2021
By Zachary Kimmel

The New Jersey Supreme Court issued a decision on June 8, 2021, holding that an adverse employment action is not a required element for a failure-to-accommodate claim under the New Jersey Law Against Discrimination (NJLAD) and these claims are not barred by the Worker’s Compensation Act (WCA). The Court’s decision in Richter v.

Blog Post
03/30/2021
By Garrett P. Buttrey and Jason Tremblay

The trickle-down effects of the Supreme Court’s endorsement of employee arbitration agreements in 2018 continue to inform judicial opinions across the country, most recently being used to invalidate a New Jersey prohibition of prospective jury trial waivers in workplace discrimination cases.