by Susan L. Swatski, Esquire (email / link to bio)

Many employers learned the hard way from the fury of Hurricane Irene in 2011 that hurricanes can present unique challenges for employers. Prudent employers should update your emergency plans to ensure not only the continuity of your operations and employee safety, but also potential legal issues that could arise as the result of a natural disaster. This blog entry is intended to acquaint you with at least some of the Federal and State employment-related laws that may be implicated. Note that the issues discussed below apply to any natural disaster situation, such as flood, fire, blizzard snowfall, earthquake etc.

by Christina L. Saveriano, Esquire (email / link to bio)

In order for an employer to protect their confidential business information, including client contacts, it is often advisable for an employer to require employees to enter into an employment agreement containing a restrictive covenant. Such an agreement should be presented to the employee by the employer at the beginning of the employment relationship. However, in order for the restrictive covenant to be enforceable the employer must be certain that the terms of the restrictive covenant are reasonable. That is, the employment agreement must be specifically drafted to be reasonable in accordance with established New Jersey law.

by Christina L. Saveriano, Esquire (email / link to bio)

Your most important business asset is that which sets you apart from your competitors. If that asset is protectable, confidential information and/or a “trade secret,” reviewing and analyzing recently-passed NJ legislation is required reading. The State Assembly has given final legislative approval to the New Jersey Trade Secrets Act leaving only final approval by Gov. Chris Christie before enactment. If passed, there may be significant implications for employers who possess information protected under the Trade Secrets Act. This warrants review of any current employment agreements or restrictive covenants currently in place for revision. Likewise, employers should consider entering into such agreements with employees if no such agreements are in place. As a starting point, employers need to review any existing agreements which define the term “trade secret” to confirm that it is consistent with the definition under the Trade Secrets Act. In addition, employers should consider alerting employees to the consequences of misappropriation of the employer’s trade secret which under the Trade Secrets Act include the entry of injunctive relief, imposition of punitive damages and an award of costs and attorney’s fees. Furthermore, employers need to be aware that an action for misappropriation of a trade secret against an employee, under the Trade Secrets Act, must be brought within three years after the misappropriation is discovered. Passage of the New Jersey Trade Secrets Act will create a statutory right for employers where only case law has existed to date. We at Hill Wallack stand ready to assist with any questions and assistance needed in view of this new legislation.

by Rashmee Sinha, Esquire (email / link to bio)

The standard protocol among most employers when investigating a complaint of discrimination or harassment in the workplace is to instruct employees not to discuss the matter for obvious reasons, i.e. limit exposure to liability, and prevent attempts to taint the investigation process by putting a lid on the gossip mill so that employees are not led to modify or recant their statements. However, based on a recent letter from the United States Equal Employment Opportunity Commission, policies that warn employees that they could be subject to discipline or discharge for discussing an ongoing internal investigation may be unlawful. The EEOC claimed that the policy is illegal under Title VII, which prohibits workplace harassment and discrimination on the basis of, inter alia race, sex, and religious belief.

by Susan L. Swatski, Esquire (email / link to bio)

For the first time in 25 years, on April 25, 2012, the Equal Employment Opportunity Commission (“EEOC”) refined its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (the “Guidance”). The Guidance advises that the mere existence of a criminal record without more should not support the wholesale exclusion of otherwise qualified people from the workforce. Under the Guidance, an employer’s use of arrest and conviction information from background checks has to be “narrowly tailored” to the specific job.