Blog
- Governor Phil Murphy Expands New Jersey Striking Workers’ Rights to Unemployment Benefits
Oct 15, 2018
On August 10, 2018, Governor Phil Murphy signed a law expanding striking workers’ rights to unemployment benefits under certain conditions, protecting both union and non-union employees. The new law applies for claims for unemployment benefits for a period of unemployment commencing on or after July 1, 2018. Under prior New Jersey law, a striking worker was eligible to receive unemployment benefits only if: (1) the worker was not financing, participating, or directly interested in the...Read More - Medical Marijuana in the New Jersey Workplace
Oct 2, 2018
On January 18, 2010, the New Jersey Compassionate Use Medical Marijuana Act (CUMMA), N.J.S.A. 24:6I-1 et seq., was signed into law to protect from arrest and other penalties patients who use marijuana to alleviate suffering from debilitating medical conditions, as well as their physicians, primary caregivers, and those who are authorized to produce marijuana for medical purposes. But what happens when the user of medical marijuana fails an employer’s drug test or refuses to take...Read More - Zazzali Firm Wins Tenure Case Challenging School District’s Attempt to Terminate the Tenured Employm
Sep 6, 2018
Firm Partner Richard A. Friedman, Esq., with very substantial assistance from Associate Marissa A. McAleer, Esq., Associate Kaitlyn E. Dunphy, Esq., and Partner Flavio L. Komuves, Esq., successfully challenged the termination of tenured teacher Felicia Pugliese by the Newark School District in Pugliese v. State-Operated School District of the City of Newark (App. Div. Aug. 28, 2018). The case has a long and complicated procedural history, spanning several years and several forums. Suffice it to...Read More - Supreme Court Issues Blow to Public Sector Unions in Janus
Jul 6, 2018
The other shoe has finally dropped. The United States Supreme Court has delivered a decisive blow to the ability of public sector unions to collect agency fees. In Janus v. AFSCME, (June 27, 2018), the Court, in a 5-4 decision, concluded that requiring unionized public employees to at least pay agency fees if they decline to become members of the union “violates the free speech rights of non-members by compelling them to subsidize private speech...Read More - Appellate Division Holds that the New Jersey Law Against Discrimination May Apply to Telecommuters W
Jun 13, 2018
The New Jersey Law Against Discrimination (LAD) protects workers from discrimination based on race, creed, color, national origin, age, ancestry, nationality, sex, gender identity, disability, sexual orientation, or genetic information. The Appellate Division recently clarified the scope of the LAD in Trevejo v. Legal Cost Control, Inc., Dkt. No. A-1377-16T4 2018, N.J. Super. Unpub. LEXIS 727 (App. Div. Feb. 27, 2018), wherein it held that the law may protect individuals who work for New Jersey-based...Read More - Governor Murphy Creates Task Force to Battle Employee Misclassification in New Jersey
Jun 7, 2018
In May of 2018, Governor Murphy signed Executive Order 25, which created a Task Force to provide advice and recommendations on how to fight employee misclassification. More specifically, many employers in the State are erroneously classifying full-time employees as independent contractors so as to avoid providing these employees with benefits to which they are entitled including, but not limited to, paid sick leave, unemployment insurance, workers’ compensation, and disability benefits. It also deprives these employees...Read More - Governor Murphy Signs Earned Sick and Safe Days Act
May 15, 2018
New Jersey has become the 10th state to require employers to provide paid sick leave for workers. According to New Jersey Gov. Murphy, who recently signed the Earned Sick and Safe Days Act, “New Jersey joins nine states and the District of Columbia in providing paid sick leave. We are continuing to prove that economic progress cannot be made without social progress.” The law is set to go into effect on October 30, 2018, or...Read More - NLRB Decision Changes Analysis of Appropriate Bargaining Unit
Apr 25, 2018
A recent NLRB decision rendered under the Trump Board changed the process of determining the appropriate bargaining unit petitioned for by a union. The recent case is PCC Structurals. Inc. and International Ass'n of Machinists and Aerospace Workers, 365 NLRB No. 160 (12/15/17). Under the law under the Obama Board – and arguably before that – a union could petition for a unit of virtually any size in an employer's workforce so long as the...Read More - Laws Supporting Public Unions Gaining Traction in Light of Anticipated Janus Decision
Apr 19, 2018
On April 12, 2018, New York Governor Andrew Cuomo signed a bill that allows unions to avoid being forced to provide the full benefits of membership to bargaining unit members that chose to not pay union dues. While unions will still have to serve all those in the bargaining units they represent, they will not have to provide the full benefits of membership to non-paying employees. This bill was passed while the Supreme Court decision’s...Read More - Gov. Murphy to Sign Diane B. Allen Equal Pay Act in April 2018
Apr 11, 2018
The Diane B. Allen Equal Pay Act (“Act”) was passed by the Legislature in March of 2018, and is set to be signed by Gov. Murphy. According to NJ.com, the Senate voted 35-0 to pass the bill. The Assembly's vote was 74-2 , with the two “no” votes coming from Assemblymen Michael Patrick Carroll and Assemblyman Jay Webber, both R-Morris. The law had previously been presented to Gov. Christie for signature multiple times, who consistently...Read More