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Scura, Wigfield, Heyer, Stevens & Cammarota Blog

New Jersey Bans Pre-Employment Salary History Inquiries

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Effective January 25, 2020, private employers in New Jersey will be prohibited from requiring applicants to provide wage and salary history in connection with an offer of employment. Specifically, the new law makes it unlawful for any private employer to screen a job applicant based on the applicant’s salary history (including an applicant’s prior wages and/or salary) or require the applicant’s salary history to satisfy any minimum or maximum criteria for an offer of employment.

New Jersey's Wage and Hour Law

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New Jersey’s Wage and Hour Law (the “NJW&H Law”) protects the rights of most hourly employees. If you are an employee being paid on hourly basis, whether minimum wage or not, it is important to understand the rights afforded to you by the State of New Jersey. After reading this information, if you believe your employer is violating the NJW&H Law, contact our offices and request a consultation to evaluate your claims.

Developments in New Jersey Employment Law

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In 2018, New Jersey saw several significant developments in the area of employment law. Litigation involving the validity of arbitration clauses and non-disclosure agreements with respect to discrimination claims received attention with the rise of the ‘Me Too’ movement. Similarly, companies were forced to consider revising their employee handbooks to provide for a “zero tolerance” policy when addressing sexual harassment claims. However, there are two other recent developments in New Jersey employment law that significantly impact employers and employees alike.

Preventive Medicine: The Health of Employees

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The evening news reports that this year's flu strain will be particularly bad. They predict, however, that the current flu vaccination will be very effective in fighting this strain of flu. The question becomes, why are you not scheduling an appointment for the flu vaccination?

New Jersey Equal Pay Act

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On July 1, 2018, New Jersey's Equal Pay Act (hereinafter "NJ EPA") will become effective. Unlike its federal counterpart, the NJ EPA mandates equal pay for all members of "protected classes" under the New Jersey Law Against Discrimination ("NJLAD"), not just women.  

Possible Bar on Non-Disclosure Provisions

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You have been the victim of sexual harassment or discrimination in the workplace. You notify your employer’s human resource manager, who initiates an appropriate investigation into your claim.  Your employer eventually wants to reach an amicable settlement with you. In exchange for your agreement to settle your claim, your employer requires you to sign the settlement agreement containing, among other things, a provision whereby you agree not to disclose the details of your harassment or discrimination.

New Jersey Sexual Harassment on the job

Sexual harassment on the job in New Jersey or elsewhere may fall under one of the following categories:

Ask a Personal Bankruptcy Attorney: Pending Workers' Comp is Exempt

So you had a workplace accident and you are temporarily disabled. You are treating with a medical doctor and seeing a physical therapist. A personal bankruptcy attorney has filed a workers compensation claim on your behalf and you are expecting a six-figure award. However, you cannot work and you are falling behind in your bills. Your credit card lenders are calling you relentlessly and you need relief from the harassment as you heal from your accident. You have just been served with a complaint for nonpayment of a credit card bill. 

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