Mark Law Firm Recent Articles

NJ Could Limit the Enforceability of Non-Compete Agreements

Posted by Jamison Mark on Jun 24, 2019 1:12:00 PM

A bill pending in the New Jersey legislature would place new restrictions on the use of non-compete agreements between workers and their employers. If enacted into law, Assembly Bill A1769 would establish numerous specific requirements that non-compete agreements must comply with in order to be enforceable within the state.

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Topics: Employment Law

New Jersey Explores Mandatory Severance for Mass Layoffs

Posted by Jamison Mark on Jun 11, 2019 3:32:00 PM

In recent years, several large companies have laid off thousands of New Jersey workers. Although the federal Worker Adjustment and Retraining Notification Act of 1988 (the “WARN Act”) provides some protection to employees of large companies during layoffs, many states, including New Jersey, have additional rules that supplement or reinforce the federal protections for workers subject to mass layoffs. A bill pending in the New Jersey Senate, however, would continue the state’s push to pioneer groundbreaking worker-friendly policies by extending additional protections to employees terminated in large workforce reductions. 

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Topics: Wage & Hour, Employment Law

Groundbreaking New Law Restricts NJ Employment Agreements

Posted by Jamison Mark on May 28, 2019 3:09:00 PM

When an employee brings credible, substantiated accusations of sexual harassment or discrimination in a workplace, their employer often settles discreetly for “an undisclosed sum of money” and an agreement to keep everything confidential. A law passed earlier this year in New Jersey declares that such confidentiality and non-disclosure agreements are against the greater interest of the public and, as such, unenforceable. Not only does the new law restrict settlement agreements, it significantly restricts the rights of employers to require that employees broadly waive rights related to pursuing discrimination, retaliation, or harassment claims that may arise during their employment. 

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Topics: Employment Law, Discrimination & Harassment, Wrongful Termination, Sexual Harassment

Pedestrian Crossing Rules in New Jersey

Posted by Jamison Mark on May 15, 2019 2:33:00 PM

In recent years, the number of pedestrian fatalities in the United States has grown significantly faster than all other traffic-related deaths. Knowing your responsibilities as a pedestrian can help prevent these occurrences and can help you recover if you have suffered injuries as a result of an auto-pedestrian collision. 

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Topics: Personal Injury

Medical Marijuana Case Allowed to Proceed Under NJLAD

Posted by Jamison Mark on May 3, 2019 1:50:00 PM

In a landmark decision, the New Jersey Appellate Court recently ruled that a plaintiff’s claims for wrongful termination in violation of the New Jersey Law Against Discrimination (NJLAD) could proceed. The significant aspect of this plaintiff’s claim is that his termination was allegedly based on his use of marijuana in accordance with New Jersey’s Compassionate Use Medical Marijuana Act. The Appellate Court reversed the decision of the lower court dismissing his claims outright, ruling that he had pled sufficient allegations to support a claim under the NJLAD and allowing litigation on those claims to go forward. 

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Topics: Employment Law, Wrongful Termination

Prayer in the Workplace—What’s Legal in New Jersey

Posted by Jamison Mark on Apr 18, 2019 1:33:00 PM

Private employers balance respecting the rights and diversity of their workers with fostering the moral principles that they support as a company. Unlike public employers, private companies are free to enact religious displays, advocate for one religion over another, and openly engage in religious practices in the workplace. However, both Title VII of the Civil Rights Act of 1964  and the New Jersey Law Against Discrimination (NJLAD) protect New Jersey workers from employment discrimination based on their religion or lack thereof. These laws prohibit employers from discriminating against employees based on religion, both in hiring and during their employment, and make it illegal to force those of faith to suppress or violate their religious beliefs as a condition of obtaining or maintaining employment. 

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Topics: Employment Law, Discrimination & Harassment, Wrongful Termination, Religion

Legal Remedies for Sexual Harassment: What You May Recover

Posted by Jamison Mark on Apr 2, 2019 1:21:00 PM

If you’ve suffered from gender-based discrimination or sexual harassment in the workplace or endured a hostile work environment, you’re not alone. New Jersey employees are protected from sex-based harassment and discrimination by Title VII, the federal law prohibiting discrimination, as well as the New Jersey Law Against Discrimination (NJLAD). You may wonder, however, what kind of compensation you can actually recover from your employer or the individuals responsible for the harassment. 

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Topics: Employment Law, Discrimination & Harassment, Wrongful Termination, Sexual Harassment

Winter Is Coming, Along with Slip-and-Fall Claims

Posted by Jamison Mark on Mar 25, 2019 2:37:00 PM

Snow, ice, and sleet can make everyday activities much more hazardous in the winter months. Inclement weather can turn streets, sidewalks, and parking lots into danger zones. Slipping on ice, tripping on piles of snow, or falling victim to snow-covered obstacles can cause personal injuries and significant havoc in your day-to-day life. 

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Topics: Personal Injury

Racial Pay Gaps Persist Despite Efforts

Posted by Jamison Mark on Mar 13, 2019 2:09:00 PM

Despite laws prohibiting pay discrimination based on race, gender, national origin, or ethnicity, including Title VII of the Civil Rights Act and the New Jersey Law Against Discrimination (NJLAD), significant wage gaps persist between white male employees and other demographics. 

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Topics: Wage & Hour, Employment Law

Can #MeToo Lead to a Hostile Work Environment?

Posted by Jamison Mark on Feb 22, 2019 2:18:00 PM

As the #MeToo movement brings workplace sexual harassment into the spotlight, some people are expressing concerns. As some employees speak up about their experiences and complaints, others can feel blamed, attacked, or otherwise uncomfortable. For employers, it’s important to develop protocols for properly handling these kinds of situations and ensuring that all employees have a safe working environment. 

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Topics: Employment Law, Sexual Harassment

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