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Category Archives: New Jersey Law

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In a Win for Employers, Ninth Circuit Upholds Arbitration Clause in UBER Misclassification Lawsuit

Posted in Employment Agreements, General Labor and Employment News and Updates, Labor Relations, New Jersey Law, Wage & Hour
On September 25, 2018, the Ninth Circuit Court of Appeals ended an aggressive five-year legal battle between Uber and its drivers regarding whether or not drivers should be considered employees versus independent contractors.  In O’Connor v. Uber, the court avoided the central issue of the proper classification of drivers by ruling that drivers suing for… Continue Reading

New Jersey Update: What Phil Murphy’s Election Could Mean for Employers and Employees

Posted in Discrimination, Employee Leave Management, Government, Medical Marijuana, Minimum Wage, New Jersey Law, Wage & Hour
Yesterday, Democrat Phil Murphy won the race for New Jersey governor, easily defeating Republican Kim Guadagno. Democrats also retained their majorities in both the state Senate and Assembly.  When Murphy is sworn in next January, he will have the opportunity to change laws impacting the workplace.  Here are some areas for employers and employees in… Continue Reading

New Year Brings Marginal Increase to Minimum Wage in New Jersey

Posted in Minimum Wage, New Jersey Law
On January 1, 2017, New Jersey’s minimum wage will increase from $8.38 to $8.44 per hour.  This six-cent increase is the first rise in minimum wage in New Jersey since January 2015.  This news comes shortly after Governor Chris Christie vetoed a Democratic-backed bill that would have increased the minimum wage to $15.00 per hour… Continue Reading

NJ Minimum Wage Increase on Hold – For Now

Posted in New Jersey Law, Wage & Hour
As predicted by HR Legalist in May, New Jersey Governor Chris Christie has vetoed a democratic-backed measure that would have gradually increased New Jersey’s minimum wage from $8.38 to $15 per hour over a four-year period.  In today’s veto message from a grocery store in Pennington, NJ, and in a press release, the Governor paraphrased… Continue Reading

Game Over, Man! Bankruptcies Trump Ongoing Obligations under Expired CBAs

Posted in Gambling, Labor Relations, New Jersey Law
Yesterday, the Supreme Court denied the cert. petition of Unite Here Local 54, Atlantic City’s largest casino workers’ union, which challenged a Third Circuit decision affirming a Delaware Bankruptcy Court decision that allowed Trump Entertainment Resorts to reject the continuing terms and conditions of the parties’ expired collective bargaining agreement because it is undergoing Chapter… Continue Reading

New Jersey Supreme Court’s New Year’s Docket to Include a Matter that Could Affect Whistleblower Claims

Posted in Labor Relations, New Jersey Law, NLRB
On January 5, 2016, the New Jersey Supreme Court is scheduled to hear oral argument in a matter suggesting that section 301(a) of the Labor Management Relations Act of 1947 (“LMRA”) (which creates a federal cause of action for the breach of a private sector collective bargaining agreement) and the National Labor Relations Act (“NLRA”)… Continue Reading

New Jersey Supreme Court Questions Enforceability of Contractual Time Limits on Employees’ Rights to Sue

Posted in Employment Agreements, New Jersey Law
On December 1, 2015, the New Jersey Supreme Court held argument in Sergio Rodriguez v. Raymours Furniture Co. Inc.   The primary issue in this appeal is whether a contractual provision contained in an employment application that shortened New Jersey’s 2 year statute of limitations for discrimination claims to  six months is enforceable. The trial court… Continue Reading

Wanna Bet? Third Circuit Puts the Kibosh on Sports Gambling Just Before Start of NFL Season

Posted in Gambling, New Jersey Law
For the second time in three years, the Third Circuit has rejected New Jersey’s attempt to circumvent the Professional and Amateur Sports Protection Act (“PASPA”). PASPA, which Congress enacted in 1992 and prohibits state sanctioned sports gambling outside Nevada. Ironically, PASPA specifically granted permission to New Jersey to legalize sports betting so long as New… Continue Reading