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.

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

New Jersey employers should be aware of the recent Appellate Division decision in Lord v. Board of Review addressing the not uncommon scenario in which an employer gives an employee the Hobson’s Choice of either resigning or being fired. The Appellate Division in Lord clarified that for purposes of collecting unemployment benefits, the foregoing “choice” is moot; a resignation is the same as a firing leaving the former employee eligible for unemployment benefits.

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

Now that the Affordable Care Act (“ACA”) has been upheld by the Supreme Court, the time has come for employers to start figuring out what the new law means to your business. Keeping in mind that feature length articles and undoubtedly books are being written on this topic, my goal here is to provide you with some quick and easy guidance to set you on the path to compliance.

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

Wage and hour matters are prominent in employment law news these days as a result of the new Federal health care laws – the Patient Protection and Affordable Care Act of 2010, Pub. L. 111-148 and the Health Care and Education Reconciliation Act of 2010, Pub. L. 111-152 (collectively, the “Health Care Laws”). These laws not only will change the availability of health insurance, but also how health care is delivered in America, specifically with respect to direct-care staff.