Mark Law Firm Blog

Is My Non-Compete Agreement Enforceable?

Posted by Jamison Mark on Sep 4, 2019 2:23:00 PM

Non-compete agreements are becoming more and more common. Once limited to high-level employees in whom companies invested a great deal of time and trust, these restrictions are now frequently imposed without negotiation on lower-wage and lower-level employees. The laws regarding which non-compete agreements are enforceable vary from state to state, and pending legislation may soon dramatically alter how New Jersey determines which non-compete agreements are enforceable against its workers. 

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Topics: Employment Law

Medical Marijuana at Work: What Are Your Rights?

Posted by Jamison Mark on Jul 26, 2019 3:00:00 PM

New Jersey became the 14th state to allow medical marijuana when the New Jersey Compassionate Use Medical Cannabis Act (“CUMCA”) was signed into law on January 18, 2010. Recently, the act was amended to expand patient access to medical marijuana, to provide job protections to medical marijuana users, and to create new drug testing procedures. By doing so, New Jersey joined multiple other states—including Arizona, Connecticut, Delaware, Illinois, Maine, Massachusetts, Minnesota, Nevada, New York, Oklahoma, and Rhode Island—that offer employment protections to users of medical marijuana in compliance with state regulations.

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Topics: Employment Law

Can My Employer Reassign Me Because I'm Pregnant?

Posted by Jamison Mark on Jul 24, 2019 11:45:00 AM

Many pregnant women worry about telling their employer the good news, fearing that they will be demoted, terminated, or reassigned to less desirable duties. Before you talk to your employer about your pregnancy, know your rights.

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Topics: Employment Law

How Employee Handbooks Could Create an Employment Contract

Posted by Jamison Mark on Jul 13, 2019 11:14:00 AM

Do you have an employee handbook? Whether you’re an employer or an employee, you should know that in New Jersey, this document can change your rights and responsibilities.

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Topics: Employment Law

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

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

The information on this website is made available by the Mark Law Firm for educational purposes only. It is intended to give a general understanding of New Jersey law, not to provide specific legal advice. Use of this website does not establish an attorney-client relationship between you and the Mark Law Firm and should not be used as a substitute for legal advice.