In 2018, New Jersey saw several significant developments in the area of employment law. Litigation involving the validity of arbitration clauses and non-disclosure agreements with respect to discrimination claims received attention with the rise of the ‘Me Too’ movement. Similarly, companies were forced to consider revising their employee handbooks to provide for a “zero tolerance” policy when addressing sexual harassment claims. However, there are two other recent developments in New Jersey employment law that significantly impact employers and employees alike.
The evening news reports that this year's flu strain will be particularly bad. They predict, however, that the current flu vaccination will be very effective in fighting this strain of flu. The question becomes, why are you not scheduling an appointment for the flu vaccination?
On July 1, 2018, New Jersey's Equal Pay Act (hereinafter "NJ EPA") will become effective. Unlike its federal counterpart, the NJ EPA mandates equal pay for all members of "protected classes" under the New Jersey Law Against Discrimination ("NJLAD"), not just women.
You have been the victim of sexual harassment or discrimination in the workplace. You notify your employer’s human resource manager, who initiates an appropriate investigation into your claim. Your employer eventually wants to reach an amicable settlement with you. In exchange for your agreement to settle your claim, your employer requires you to sign the settlement agreement containing, among other things, a provision whereby you agree not to disclose the details of your harassment or discrimination.
Sexual harassment on the job in New Jersey or elsewhere may fall under one of the following categories:
So you had a workplace accident and you are temporarily disabled. You are treating with a medical doctor and seeing a physical therapist. A personal bankruptcy attorney has filed a workers compensation claim on your behalf and you are expecting a six-figure award. However, you cannot work and you are falling behind in your bills. Your credit card lenders are calling you relentlessly and you need relief from the harassment as you heal from your accident. You have just been served with a complaint for nonpayment of a credit card bill.