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Articles Posted in Labor and Employment

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Litigation Implications of Social Media

The impact of social media continues to grow in litigation. Social media is becoming increasingly more popular in society. Social media is important for companies to utilize for advertising and marketing to allow businesses to stay competitive. Various sites like Facebook, Google Plus, Twitter, Instagram, Flicker, LinkedIn, YouTube and the…

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Individual Liability for Violations of the Conscientious Employee Protection Act

New Jersey’s Conscientious Employee Protection Act (“CEPA”) is one of New Jersey’s employment protection laws. The Act, enacted in 1986, is often referred to as the “whistleblower law.” In fact, it is one of the most liberally interpreted and expansive whistleblower laws in the country. It protects employees from being…

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An Employee Should Choose His Court Well or He Might be Shut Out From Any At All

New Jersey has several “tracks” for a government employee who is in civil service to fight when he believes he was wrongfully fired. The first, is in the Civil Service Commission, which can order reinstatement and back-pay. However, this process goes through the Office of Administrative Law and does not…

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Due Process and “Stigma” Under the New Jersey Civil Rights Act

The Appellate Division recently issued an important decision on “stigma” due process claims under New Jersey’s Civil Rights Act. The case involved a gym teacher in the Newark Public School system. He did not have tenure. Several accusations were made against the teacher, the first that he had disciplined students…

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New Jersey Employee Handbooks

Businesses, regardless of size, can benefit from an employee handbook. Similarly, an employee handbook can provide benefits to people working in New Jersey. Generally, an employee handbook (also an employee manual) is a written record of a company’s policies and procedures. A well written employee handbook can provide clear guidelines…

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New Jersey’s Teacher Effectiveness and Accountability for the Children of New Jersey (TEACHNJ) Act Adopts New Procedures for Fighting New Jersey Tenure Charges

The Teacher Effectiveness and Accountability for the Children of New Jersey (TEACNJ) Act was recently enacted by the New Jersey Legislature and signed by New Jersey Governor Chris Christie. The TEACHNJ Act creates drastic changes to the process for fighting tenure charges by New Jersey teachers and other public school…

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New Jersey’s Teacher Effectiveness and Accountability for the Children of New Jersey (TEACHNJ) Act Makes Significant Changes to Acquisition of Tenure

On August 6, 2012, New Jersey Governor Chris Christie signed the Teacher Effectiveness and Accountability for the Children of New Jersey (TEACHNJ) Act, which had been passed by both houses of the New Jersey Legislature. The TEACHNJ Act significantly changes how New Jersey teachers and other New Jersey public school…

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New Jersey Teacher Effectiveness and Accountability for the Children of New Jersey (TEACNJ) Act Requires Evaluations of “Effective” or “Highly Effective” For Acquisition of Tenure.

New Jersey recently enacted the Teacher Effectiveness and Accountability for the Children of New Jersey (TEACHNJ) Act. The TEACHNJ Act significantly changes the rules for the acquisition of tenure by New Jersey teachers and other New Jersey public school “teaching staff members.” The TEACHNJ Act changes the time period of…

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New Jersey’s Construction Industry Independent Contractor Act Imposes Severe Penalties on Misclassification of Employees

There are severe civil and administrative penalties for misclassification of workers who should actually be employees as independent contractors. If a worker is classified as an employee, the employer must pay approximately an additional 7.5 percent of her salary in payroll taxes, as well as workers compensation insurance, and the…

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Landlord-Tenant Issues: Illegal Apartments

Virtually all residential landlords in New Jersey are required by law to register their apartments with the town in which the property is located. The only exception is when the owner of the apartment building lives in the building and there are less than three rental units in the building.…

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