Mark Law Firm Blog

The #MeToo movement has helped bring workplace sexual harassment into the spotlight. As more and more employees speak up about their concerns, complaints, and personal experiences, employers strive to respond to their individual issues and develop protocols for handling these situations. One excellent resource for employers and employees working to establish and implement response systems is the U.S. Equal Employment Opportunity Commission (EEOC).

Employers in New Jersey have a responsibility to both establish preventive measures against sexual harassment and other forms of workplace misconduct and to take remedial measures when harassment is reported.[1] An employer has a responsibility to adequately investigate allegations of sexual harassment—especially if it wants to claim that it should avoid vicarious liability because it had created and enforced an effective policy against sexual harassment.[2]

Social media is big business these days. Successful employers use online platforms for a variety of uses, like viral marketing campaigns, direct ads, recruitment efforts, screening potential candidates for employment, and communicating with existing employees. However, this increased connectivity comes with increased risk. As technology continues to evolve, the laws around it do, too.

In another tragic series of events, a New Jersey three-year-old suffered serious burns when a Wawa clerk knocked a cup of scalding water off a counter and onto her upper body, arms, and torso. Her parents have filed a lawsuit in federal court against the company on behalf of themselves and the girl, asking for compensation for medical expenses, emotional distress, and other damages. 

Following an investigation by the U.S. Labor Department, a number of New Jersey gas station owners have agreed to pay approximately $2.1 million to compensate underpaid station attendants at 24 central and south Jersey locations. The federal bureau’s investigation found the workers had not been receiving the minimum wage and overtime required by law. Do you know what pay you’re entitled to under the law?

New Jersey governor Phil Murphy signed a bill legalizing sports betting in New Jersey in early June and placed the very first legal bets under the law: $20 on Germany to win the World Cup and another $20 on the Devils to win the 2019 Stanley Cup. Although both bets were losers, the law may be a winner for the people of New Jersey.

One of the highest priorities of New Jersey employers is to promote safety in their workplaces. Drug and alcohol use, however, can contribute to workplace accidents and create a hazardous environment. One method employers use to combat these dangers is drug testing, either before employees are hired or during their employment (or both). Although New Jersey does not have any laws regulating or restricting drug testing in the workplace, case law provides some guidance on the circumstances in which employer drug testing is permissible.

In the last few years, numerous New Jersey municipalities have passed local laws governing paid sick leave, including East Orange, Jersey City, Montclair, Newark, Paterson, Plainfield, and Trenton. This patchwork of local laws left employers and workers alike confused about what was required of businesses and unsure of how to calculate and use leave. Many of these problems will be resolved when New Jersey Paid Sick Leave Act (the “Act”), which was signed into law on May 2, 2018, goes into effect on October 29, 2018 and preempts all existing New Jersey municipal earned sick leave laws.

If you’ve been terminated without a warning or any advance notice, you might feel that your employer’s decision is unjust, unfair, or ill conceived—but is it illegal under New Jersey employment laws?

If you’re in an auto accident, you may worry about who is going to pay for your medical expenses and vehicle damage. If another driver is at fault for a collision, it will likely be his or her legal responsibility to pay for your damages. But what if that driver doesn’t have automobile insurance or doesn’t have enough coverage to pay all your expenses?