Employers must be aware of the number of noteworthy changes to New Jersey's employment laws that occurred in 2021, and/or become effective in 2022, else they risk significant liability.
The following changes were enacted in 2021:
Amendments to the New Jersey Law Against Discrimination
As we previously stated here, significant amendments were made to the New Jersey Law Against Discrimination (NJLAD) in 2021. On October 5, Governor Phil Murphy signed into law amendments that expanded the scope of protections against age discrimination. Specifically, the amendments remove the "safe harbor" provision that permitted employers not to hire or promote employees who were over the age of 70. The amendments also expand the remedies available to employees forced to retire due to their age beyond reinstatement and back pay, to include all remedies available under the NJLAD, such as front pay, emotional distress damages, punitive damages and attorneys' fees.
Amendments to Workers' Compensation Act
On September 24, Governor Murphy signed into law amendments to New Jersey's Workers' Compensation Act that require employers with 50 or more employees to provide a "hiring preference" to employees who have reached maximum medical improvement following a work-related injury but are unable to return to their previous position. Under these amendments, employers must provide qualifying employees a preference for any existing and unfilled positions for which they can perform the essential duties....
The Kroger Sued for False Advertising case is raising fresh concerns about transparency in supermarket meat departments, as Animal Outlook accuses the retail giant of misleading in-store marketing...