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10.25.2022
New Jersey Updates Guidance Regarding Employer Suspicion of Cannabis Use in the Workplace
(Click here to view the printable PDF) The New Jersey Cannabis Regulatory, Enforcement, Assistance, and Marketplace Modernization Act (“CREAMMA”) prohibits New Jersey employers from taking adverse employment actions against employees who lawfully use cannabis outside of work. However, the Act permits employers to make employment decisions if employees are under the influence at work, but […]
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08.10.2022
New Court Decision Highlights Stringent Proofs Necessary to Establish Independent Contractor Status Under New Jersey Law
(Click here for printable PDF) The New Jersey Supreme Court just issued a decision once again highlighting the extreme difficulty businesses face when attempting to establish a worker has been properly classified as an independent contractor and not an employee. The Court, in East Bay Drywall, LLC v. Department of Labor (A-7-21) (August 2, 2002) […]
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08.08.2022
NJ Court Holds First Amendment Does Not Protect Private Employees’ Free Speech Rights for Racially Insensitive Social Media Posts
(Click here for printable PDF) The New Jersey Appellate Division prohibited a private employee from relying on freedom of speech to support her wrongful termination lawsuit. Specifically, the court found that a private employer had the authority to fire their at-will employee, Heather McVey, for making racially insensitive remarks about Black Lives Matter on her […]
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05.27.2022
While Courts Often Uphold Arbitration Awards, the Underlying Arbitration Agreement Faces a More Stringent Review When Challenged
(Click here for printable PDF) The Court of Appeals for the Third Circuit recently upheld an arbitration award finding that an employee must repay his former employer bonuses advanced to him. The employee attempted to overturn the award through the courts. However, two courts upheld the award, reminding litigants that they will face an uphill battle to […]
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Featured Contributor
Douglas Diaz
Employers turn to Doug when employment and labor issues or disputes arise. A seasoned litigator, Doug has been successfully resolving complex employment and labor law disputes at trial in state and federal courts. He also represents clients before the National Labor Relations Board, Equal Employment Opportunity Commission, Department of Labor, New Jersey Division on Civil Rights, Pennsylvania Human Relations Commission, and other regulators. His practice spans across a variety of industries.