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On September 9, 2022, the New Jersey Cannabis Regulatory Commission (the “Commission”) issued guidance for employers on how to evaluate suspected cannabis impairment in the workplace. Although the guidance leaves some questions unanswered, it should provide some comfort to employers operating in an...

On July 2, 2021, New Jersey's Appellate Court upheld a ruling in Kennedy v. Weichert finding that the State's ABC Test for deciding workers' employment status applies to classification disputes made under New Jersey's Wage Payment Law ("WPL"). The Court's ruling comes just days before a flurry of...

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...

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...

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.

New Jersey Governor Phil Murphy recently issued an Executive Order effective November 5, 2020, mandating new health and safety requirements in the workplace due to the increased spread of COVID-19. These health and safety mandates apply to every business, non-profit and governmental or educational...

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