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New Jersey's Corporation Business Tax held applicable to foreign corporations with a single employee telecommuting from New Jersey

  • Ogletree Deakins
  • -
  • USA
  • -
  • April 4 2012

In a case of first impression, the Appellate Division held a foreign corporation that regularly and consistently permits one of its employees to telecommute from a New Jersey residence is doing business in New Jersey, is subject to the New Jersey Corporation Business Tax Act, and must file New Jersey Corporation Business Tax returns

Another bill would provide for school and medical family leave

  • Ogletree Deakins
  • -
  • USA
  • -
  • April 4 2012

On March 15, 2012, the Assembly proposed to introduce a bill (A2866) that would provide for school and medical family leave for New Jersey employees

Appellate Division affirms dismissal of suit because employer responded to most of the employee’s multiple requests for accommodation

  • Ogletree Deakins
  • -
  • USA
  • -
  • April 4 2012

In a welcome result for employers that earnestly work to reasonably accommodate disabled employees, the Appellate Division has affirmed the dismissal of a former employee’s NJLAD disability claim because the employer diligently investigated the employee’s requests and implemented numerous accommodations that responded to most, if not all, of the employee’s specific needs

Four bills seeking to combat gender wage gap blaze through the Assembly

  • Ogletree Deakins
  • -
  • USA
  • -
  • April 4 2012

A package of four bills (A2647, A2648, A2649 and A2650) aimed at addressing the gender wage gap were introduced in March and were promptly approved by the Assembly, and now await consideration by the Senate

Third Circuit upholds arbitration agreement in meal break class action

  • Ogletree Deakins
  • -
  • USA
  • -
  • April 4 2012

In a precedential opinion, the Third Circuit held that an arbitration provision contained in an employment agreement signed by the plaintiff upon hiring was enforceable and compelled the plaintiff, who filed a class action under the Fair Labor Standards Act over automatic meal break deductions, to submit her claims to arbitration

Appellate Division finds single anti-Semitic email insufficient to create hostile work environment

  • Ogletree Deakins
  • -
  • USA
  • -
  • April 4 2012

The Appellate Division affirmed the dismissal of a plaintiff’s hostile work environment claim under the NJLAD

Another bill would prohibit employers from credit screening potential hires

  • Ogletree Deakins
  • -
  • USA
  • -
  • April 4 2012

On March 15, 2012, a bill (A2840) was proposed for introduction that would prohibit employers from obtaining, requiring as a condition of hire, or discriminating against potential employees on the basis of credit reports

Save New Jersey Call Center Jobs Act - passes in the assembly

  • Ogletree Deakins
  • -
  • USA
  • -
  • April 4 2012

A bill (A2651) introduced on March 9, 2012 and passed in the Assembly on March 15, 2012, would have a dramatic impact on New Jersey employers intending to outsource a call center (telephone-based or email-based) overseas

Third Circuit disallows cost shifting of the majority of ESI expenses

  • Ogletree Deakins
  • -
  • USA
  • -
  • April 4 2012

In a matter of first impression (for any federal appeals court), the Third Circuit has determined that the majority of costly activities related to the discovery and production of electronically stored information (ESI) undertaken by the defendants’ ESI vendor, such as hard drive imaging, data processing and keyword searching, were not litigation expenses recoverable by the prevailing defendants

Bill seeks to more than double the minimum wage for tipped workers by July 2013

  • Ogletree Deakins
  • -
  • USA
  • -
  • April 4 2012

On March 8, 2012, a bill (A2708) was introduced to the Assembly Labor Committee (and has since advanced to a second reading in the Assembly), which would substantially alter the laws governing the compensation of tipped workers in New Jersey