Books


New Jersey Employment Law

Standing Order with Automatic Update Service

Rosemary Alito


Add To Cart

New Jersey Employment Law is the most comprehensive source available in this area. For decades New Jersey has been the national leader in enunciating new legal obligations in the employment relationship. Rosemary Alito is a partner in K & L Gates, LLP and co-chair of the firm's global labor and employment practice. Alito represents management in disputes involving employment law and employee benefit law issues. She counsels on workplace policies and compliance and defends employers in litigation, including employment discrimination, wage and hour, wrongful termination, harassment and employee benefit plan terminations.

New Jersey Employment Law has been completely rewritten, revised and updated. The new annual format gives readers current information in the easiest possible format. No more complicated stand-alone updates! 


Satisfaction Guarantee: You will always have a full 30 days from receipt in which to review any book. If you don’t want the book, simply return it in resalable condition within 30 days of receipt and write “cancel” on the invoice. If you paid by credit or debit card you will receive a full refund of the purchase price (excluding return shipping & handling). eBook returns are only available if the eBook has not yet been downloaded and updates made available during any subscription term are not refundable.
For more information about online access and our downloadable EPUB format see our FAQ.

  • Availability: Available
  • Brand: New Jersey Law Journal
  • Product Type: Books
  • Edition: 2018
  • Page Count: 830
  • ISBN: 978-1-62881-439-2
  • Pub#/SKU#: JEMPL18
  • Pub Date: 12/13/2017
  • Volume(s): 1

Author Image
  • Rosemary Alito

Rosemary Alito is a partner in K & L Gates, LLP and co-chair of the firms global labor and employment practice. Alito represents management in disputes involving employment law and employee benefit law issues. She counsels on workplace policies and compliance and defends employers in litigation, including employment discrimination, wage and hour, wrongful termination, harassment and employee benefit plan terminations.

            A frequent writer and lecturer on issues of employment law, Alito is chair of the editorial board of the New Jersey Law Journal, a past President of the Association of the Federal Bar of the State of New Jersey, and a Fellow of the American Bar Foundation, the College of Labor and Employment Lawyers, the International Academy of Trial Lawyers and the International Society of Barristers. She serves on the Lawyers Advisory Committee to the United States District Court. She has served on several New Jersey Supreme Court Committees as well as the New Jersey Model Jury Charge Employment Law Subcommittee. Alito has taught employment law at the New Jersey Judicial College.

            Alito is an experienced litigator in trials and appeals in both state and federal courts. She has served as lead counsel in the successful defense of class actions under ERISA and the LMRA involving multiple-employer welfare and pension trust funds, and trials of class actions challenging termination of retiree medical benefits. Her litigation experience in discrimination and wage and hour matters ranges from single-plaintiff cases to EEOC actions challenging companywide and nationwide policies.

            Alito graduated in 1974 from Smith College and in 1978 from the Rutgers University School of Law in Newark, where she was a member of the Law Review.


Chapter 1
Employment Contracts Express and Implied
1 I. INDIVIDUAL CONTRACTS
1-1 The Employment Relationship
1-2 Lifetime Contracts
1-2:1 Employment at a Specific Salary
1-3 Specific Performance
1-4 Statute of Frauds
1-5 Employees Covered by Collective Bargaining Agreements
II. EMPLOYEE HANDBOOKS
1-6 When is a Handbook a Contract?
1-6:1 Distribution
1-6:2 Legally Binding Language
1-6:3 Just Cause Provisions
1-6:4 Economic Necessity
1-6:5 Employees Under Contract
1-7 Clear and Prominent Disclaimers
1-8 Revocation and Alteration
1-9 Arbitration 25
III. INFORMAL POLICIES
1-10 Oral Woolley Claims
1-11 Estoppel
1-11:1 Clear and Definite Representation
1-11:2 Detrimental Reliance
IV. RESTRICTIVE COVENANTS
1-12 General Requirements
1-12:1 Legitimate Interests of the Employer
1-12:2 Undue Hardship on the Employee
1-12:3 Injury to the Public
1-12:4 Consideration
1-13 The Professions: Doctors, Lawyers, and Accountants
1-14 Enforcement: The Blue Pencil Doctrine
V. GOOD FAITH AND FAIR DEALING
1-15 Requisites 41
VI. WAIVERS
1-16 Common Practice
1-17 Consideration
1-18 Duress
1-19 Ratification
VII. REMEDIES
1-20 Compensatory Damages
1-21 Punitive Damages
1-22 Emotional Distress Damages
1-23 Prejudgment Interet

Chapter 2
Public Policy Claims
I. INTRODUCTION
2-1 Overview
II. COMMON LAW CLAIMS
2-2 Pierce: Public Policy Exception
2-3 Clear Mandate of Public Policy
2-3:1 Retaliation for Refusal to Engage in Illegal Conduct
2-3:2 Retaliation for Whistleblowing
2-3:3 Retaliation for Exercising Personal Rights
2-3:4 Retaliation Proscribed by Other State and Federal Statutes
2-3:5 Non-Retaliatory Discharge
2-3:6 Causation
2-4 Other Coverage Issues
2-5 Statute of Limitations
2-6 Policy Expressed in Statutes
2-6:1 New Jersey Law Against Discrimination (LAD)
2-6:2 Employee Retirement Income Security Act
2-6:3 Section, Labor Management Relations Act
2-7 Remedies
III. CONSCIENTIOUS EMPLOYEE PROTECTION ACT (CEPA)
2-8 Coverage
2-9 Internal Complaints/Exhaustion
2-10 Notice 74 2-11 Procedure
IV. OTHER RETALIATION
2-12 Civil Service Whistleblowers
2-13 Reporting Child Abuse
2-14 Informing the Casino Control Commission
2-15 Informing the Ombudsman for the Institutionalized Elderly
2-16 Reporting Abuse of Vulnerable Adults
2-17 Refusing to Perform Abortions
2-18 Exercising Rights Granted by the Right to Know Law
2-19 Exercising Rights Under the Worker Health and Safety Act
2-20 Exercising Rights Under the Law Against Discrimination
2-21 Pursuing Workers' Compensation Benefits
2-22 Farm Laborers
2-23 School Employees
2-24 Family Leave Act
2-25 Asserting Rights Under the Minimum Wage Law
2-26 Asserting Rights Under the Prevailing Wage Law
2-27 Attending Court for Jury Service
2-28 Lie Detector Test Prohibition

Chapter 3
Workplace Torts
I. INTRODUCTION
3-1 Overview
II. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
3-2 General Requirements
3-3 Intent
3-4 Extreme or Outrageous Behavior
3-4:1 Misleading Conduct/Misrepresentations
3-4:2 Discriminatory/Unkind/Unfair Conduct
3-4:3 Rough Treatment by the Employer
3-4:4 Harassment/Sexual Harassment
3-5 Proximate Cause
3-6 Severe Emotional Distress
3-6:1 Necessity of Expert Testimony
III. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
3-7 Requisites
3-7:1 Duty/Foreseeability
3-7:2 Genuine and Substantial Distress
3-8 Exclusivity of Workers' Compensation 99
IV. CONTRACTUAL INTERFERENCE
3-9 Requisites
3-9:1 Protectable Rights
3-9:2 Intent
3-9:3 Causation
3-9:4 Damages
3-9:5 Necessity of a Tri-Partite Relationship
V. DEFAMATION
3-10 Requisites
3-11 Defamatory Meaning
3-12 Libel
3-12:1 Slander
3-12:2 Opinion
3-12:3 Publication
3-13 Privilege
3-13:1 Immunity
3-13:2 Qualified Privilege
3-13:3 Abuse of the Qualified Privilege
3-13:4 Truth
3-14 Damages
VI. FRAUD
3-15 Requisites
3-15:1 Material Misrepresentation
3-15:2 Scienter 132 3-15:3 Reliance
3-15:4 Detriment/Damages
3-15:5 Clear and Convincing Evidence
VII. NEGLIGENT MISREPRESENTATION
3-16 Requisites
3-17 Duty to Disclose
VIII. TORTS OF EMPLOYEES
3-18 Overview
3-18:1 Respondeat Superior
3-18:2 Nature of the Conduct
3-18:3 Negligent Hiring/Retention
3-19 Punitive Damages

Chapter 4
Law Against Discrimination
I. OVERVIEW
4-1 Introduction
4-2 Scope of Coverage of LAD
4-3 New Jersey Constitution
4-4 Pre-emption of the LAD
4-5 Persons Protected
4-6 Persons Regulated 156
II. REGULATED CONDUCT
4-7 Generally
4-8 Age Discrimination
4-9 Ancestry Discrimination
4-10 Armed Forces Discrimination
4-11 Atypical Hereditary Cellular or Blood Trait Discrimination
4-12 Color Discrimination
4-13 Creed Discrimination
4-13:1 Reasonable Accommodation Requirement
4-13:2 Religious Membership Requirements
4-13:3 Genetic Information
4-14 Handicap Discrimination
4-14:1 Handicap Defined
4-14:2 Reasonable Accommodation Requirement
4-14:3 Performance of Handicapped Individuals
4-14:4 Safety Hazards Created by Handicapped Employees
4-14:5 Testing
4-15 Marital Status Discrimination
4-16 National Origin Discrimination
4-17 Nationality Discrimination
4-18 Race Discrimination
4-19 Sex Discrimination
4-19:1 Sex-Plus Discrimination
4-19:2 Pregnancy Discrimination
4-20 Sexual Orientation Discrimination
4-21 Apprenticeship Programs
4-22 Employment Advertising and Referrals
4-23 Pre-employment Inquiries and Tests
4-24 Posting Requirements
4-25 Harassment
4-25:1 Sexual Harassment
4-26 Retaliation
4-27 Aiding, Abetting, and Attempting Discrimination
4-28 Constructive Discharge
4-29 Bona Fide Employee Benefit Plans
4-29:1 Mandatory Retirement
4-29:2 Voluntary Retirement Incentives
4-30 Bona Fide Occupational Qualifications
III. STANDARDS OF PROOF
4-31 Overview
4-32 Disparate TreatmentMcDonnell Douglas Test
4-32:1 The Prima Facie Case
4-32:2 The Employer's Burden of Production
4-32:3 Plaintiff's Proof of Pretext/Intentional Discrimination
4-33 Dual Motives/Price Waterhouse Test
4-34 Retaliation Claims
4-35 Handicap Discrimination
4-36 Equal Pay
4-37 Sexual Harassment
4-38 Reverse Discrimination
4-39 Causation
4-40 After-Acquired Evidence
4-41 Disparate Impact
IV. ENFORCEMENT
4-42 The Division on Civil Rights
4-43 DCR Declaratory Rulings and Advisory Opinions
4-44 Director's Investigations
4-45 Enforcement Proceedings
4-46 Arbitration Agreements
4-46:1 Collective Bargaining Grievance Procedures
4-46:2 Impact of Prior Determinations
4-46:3 Waiver of LAD Rights
4-46:4 Jurisdiction of the DCR
4-46:5 DCR/EEOC Worksharing Agreement
4-47 Commencing Proceedings Before the DCR
4-47:1 DCR Investigation
4-47:2 Discovery
4-47:3 Subpoena Power
4-47:4 Fact-Finding Conference
4-47:5 Probable Cause Determination
4-48 Conciliation
4-49 Hearing
4-49:1 Hearing by Director
4-49:2 Interim Relief
4-49:3 Transfer to the Office of Administrative Law
4-49:4 Discovery
4-49:5 Discovery of the DCR's Files
4-49:6 Subpoenas
4-49:7 Informal Disposition
4-49:8 Summary Disposition
4-49:9 Presentation of Evidence
4-49:10 Rules of Evidence
4-49:11 Amending the Pleadings
4-50 Initial Decision of the ALJ
4-50:1 Filing Exceptions to the Initial Decision
4-51 Final Decision of the Director
4-52 Summary Enforcement Proceedings in the Superior Court
4-53 Commencing Proceedings in the Superior Court
4-54 Remedies
4-54:1 In DCR Proceedings
4-54:2 In Superior Court Proceedings
4-54:3 Front Pay
4-54:4 Emotional Distress Damages
4-54:5 Punitive Damages
4-54:6 Counsel Fees
4-54:7 Criminal Offenses
4-55 Affirmative Action
4-56 Statutes of Limitation

Chapter 5
Employee Privacy
I. INTRODUCTION
5-1 Generally
II. OFFICE SEARCHES
5-2 Generally
III. E-MAIL AND INTERNET USE
5-3 Generally
IV. CONSENSUAL RELATIONSHIPS
5-4 Generally
V. POLYGRAPH TESTS
5-5 Generally
VI. BACKGROUND CHECKS
5-6 Generally

Chapter 6
The Family Leave Act
I. OVERVIEW
6-1 Generally
II. COVERAGE
6-2 Employers Subject to FLA
6-3 Employees Eligible
III. TAKING LEAVE
6-4 Advance Notice of Leave Required
6-5 Circumstances Warranting Leave
6-6 Duration and Timing of Leave
6-6:1 Intermittent Leave
6-6:2 Reduced Leave Schedule
6-6:3 Payment During Leave
6-7 Continuation of Benefits During Leave
6-8 Employment During Leave
6-9 Reinstatement
6-10 Grounds for Denial or Revocation of Leave
IV. POSTING
6-11 Posting
6-11:1 Sample Notice
V. ENFORCEMENT
6-12 Enforcement
6-13 Table 1: Comparison of New Jersey Family Leave Act and Federal Family and Medical Leave Act

Chapter 7
Health and Safety
I. THE RIGHT TO KNOW ACT
7-1 Introduction
7-2 Covered Employers/OSHA Pre-emption
7-3 Reporting Requirements
7-4 Labeling Requirements
7-4:1 Pipelines
7-4:2 Reaction Vessels
7-4:3 Containers Holding Two Ounces or Less
7-4:4 Containers Located at Storage or Transfer Facilities
7-4:5 Containers at Research and Development Laboratories
7-5 The Right to Know Survey (Public Employers)
7-6 Employee Training (Public Employers)
7-7 Trade SecretsFiling of Trade Secret Claims
7-7:1 Access to Trade Secret Information
7-8 Public Employee Access to Information
7-9 Public Access to Reported Information
7-10 Enforcement Provisions
7-11 Whistleblower Protection
II. DRUG TESTING
7-12 Introduction
7-13 Public Employers
7-14 Private Employers
7-14:1 Testing of Prospective Employees
7-14:2 Testing of Current Employees
7-15 Handicap Discrimination
III. SMOKING IN THE WORKPLACE
7-16 Introduction
7-17 Prohibition of Discrimination
7-18 New Jersey Smoking Act
7-18:1 Covered Employers
7-18:2 Enforcement

Chapter 8
Wage and Hour
I. OVERVIEW
8-1 Scope of
Chapter
II. WAGE PAYMENT
8-2 Time of Payment/In General
8-2:1 Executive and Supervisory Personnel
8-2:2 Railroad Employees
8-2:3 Termination or Suspension of Employee
8-2:4 Death of Employee
8-3 Mode of Payment
8-3:1 Withholding or Diverting of Wages/In General
8-3:2 Permissible Withholding
8-3:3 Employer-Owned Stores
8-3:4 Payment for Medical Examinations
8-3:5 Assignment or Purchase of Wages
8-3:6 Other Obligations and Duties of the Employer
8-3:7 Agreements for Payment of Wages
8-3:8 Dispute Over Wages
8-3:9 Rights of Employees As Against Employer's Creditors
8-3:10 Regulation And Enforcement
8-3:11 Penalties
III. WAGE AND HOUR LAW
8-4 Purpose
8-5 Minimum Wage Rate
8-5:1 Overtime
8-5:2 Exemptions From Overtime
8-5:3 Employees Exempt From Minimum Wage Rates
8-5:4 Regulation/Office of Wage and Hour Compliance
8-5:5 Creation of Wage Boards
8-5:6 Powers of Wage Boards
8-5:7 Procedure for Promulgation of Wage Order
8-5:8 Learners, Apprentices and Students
8-5:9 Handicapped Persons
8-6 Recordkeeping
8-7 Notice
8-8 Enforcement
IV. DISCRIMINATION IN WAGES
8-9 Prohibition Against Sex Discrimination
V. WAGES ON PUBLIC WORKS
8-10 The Prevailing Wage Act
8-10:1 Procedure
8-10:2 Employers' Obligations
8-10:3 Obligations of the Public Body
8-10:4 Powers of the Commissioner of Labor
8-10:5 Enforcement
8-10:6 Debarment
VI. EXECUTION
8-11 Judgment Creditors
8-11:1 Limit on Amount Garnished
8-11:2 Multiple Executions
8-11:3 Obligations of Employer
8-11:4 New Jersey Support Enforcement Act
8-11:5 Due Process
8-11:6 Prohibition Against Discrimination
VII. WAGE COLLECTION
8-12 Wage Claims
8-13 Set-off
8-14 Appeals Procedure
8-15 Jury Trial
VIII. CHILD LABOR LAWS
8-16 Purpose
8-17 Minors Under 16 Years of Age
8-18 Hours of Employment
8-19 Prohibited Employments
8-20 Lunch Periods
8-21 Posting Requirements
8-22 Employment Certificates
8-23 Non-Commercial Recycling Centers
8-24 Enforcement
8-25 Penalties
8-26 Workers' Compensation and Civil Liability

Chapter 9
Unemployment Compensation
I. INTRODUCTION
9-1 Generally
9-2 Employment Status
II. BENEFITS
9-3 Measure of Benefit
9-4 Maximum Total Benefits
9-5 Unemployment for Entitlement Purposes
9-6 Eligibility/General
9-6:1 Filing a Claim
9-6:2 Able To Work
9-6:3 Actively Seeking Work
9-6:4 Available for Work
9-6:5 Waiting Period
9-6:6 Earnings Requirement
9-6:7 Total Disability
9-6:8 Part-Time Employees
9-6:9 Rules for Employees of Educational Institutions
9-6:10 Rules for Professional Athletes
9-6:11 Extended Benefits
9-7 Disqualification
9-7:1 Voluntary Termination of Employment
9-7:2 Misconduct
9-7:3 Failure to Apply For or Accept Suitable Work
9-7:4 Involvement in Labor Dispute
9-7:5 Remuneration in Lieu of Notice
9-7:6 Other Benefits
9-7:7 Fraud
9-7:8 Participation in Training Program
9-7:9 Attending School Full Time
9-7:10 Employees on Leave of Absence
9-8 Offsets for Pension and Retirement Benefits
9-9 Deductions for Child Support
III. PROCEDURES
9-10 Claims for Benefits
9-10:1 Initial Determinations
9-10:2 Time for Appeal of Initial Determination
9-10:3 Benefits During Pendency of Appeal
9-10:4 Appeal Tribunals
9-10:5 Action by the Board of Review
9-10:6 Judicial Review
9-10:7 Failure to Give Notice
IV. CONTRIBUTIONS
9-11 By Employers
9-12 By Nonprofit Organizations and Governmental Entities
9-13 By Employees
9-14 Collection/Employer Obligations
9-14:1 Personal Liability of the Employer
9-14:2 Limitations Period for Action Against an Employer
9-14:3 Rights of the Employer
9-14:4 Refunds
V. RIGHTS AND BENEFITS
9-15 Protection of Claimants
VI. PENALTIES
9-16 Penalties for Claimants
9-17 Penalties for Employers

Chapter 10
Temporary Disability
I. INTRODUCTION
10-1 Generally
II. BENEFITS
10-2 Entitlement to Benefits
10-3 Duration of Benefits
10-4 Maximum Amount of Benefits
10-5 Limitation of Benefits
10-6 Non-duplication of Benefits
III. PRIVATE PLANS
10-7 Establishment of Private Plans
10-8 Benefits Under Private Plans
10-9 Termination of Private Plan
10-10 Supplementary Plans
IV. OBTAINING BENEFITS
10-11 Filing a Claim Under the State Plan
10-12 Hearings
V. RECORDS
10-13 Records of Employers Under the State Plan
10-14 Records of Employers Under Private Plans
VI. PROTECTION OF CLAIMANTS
10-15 Benefits Protected
VII. PENALTIES
10-16 Penalties for Claimants
10-17 Penalties for Employers
10-18 Penalty for Fraud

Chapter 11
Insurance Coverage For Employees
I. GROUP LIFE INSURANCE
11-1 Introduction
11-2 Requirements for Individual Employers
11-3 Requirements for Labor Unions
11-4 Requirements for Trustee Groups
11-5 Dependents of Employees
11-6 Standard Provisions Applicable to Group Policies
11-7 Conversion on Termination of Employment or Membership
11-8 Conversion on Termination or Amendment of Policy
11-8:1 Death Within the Conversion Period
11-8:2 Notice of Conversion Rights
II. GROUP HEALTH INSURANCE
11-9 General Requirements
11-10 Dependents
11-11 Standard Provisions
11-12 Continuation Upon Total Disability
11-12:1 Termination of Continued Insurance
11-12:2 Notification

Chapter 12
Successor Liability
12-1 Introduction
12-2 Traditional Rules in New Jersey
12-3 Successor Liability for Employment Practices
Table of Cases
Citation Abbreviations
Index