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Attention New Jersey Employers: Whistleblowers Are More Common Than You May Think

When you think about whistleblowers, you might think of Edward Snowden, who recently exposed the NSA’s surveillance program. While high profile cases often garner the most attention, whistleblowing statutes afford protections to all employees who report or object to illegal activity or misconduct even on a smaller scale. If you have operation...

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Investigating Employee Complaints of Workplace Bullying

Workplace bullying is once again receiving significant media attention after a Miami Dolphins offensive lineman, Jonathan Martin, lodged allegations of bullying and harassment by fellow lineman Richie Incognito and other unnamed teammates. While the National Football League investigates Martin's claims, the Dolphins have suspended Incognito pending...

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Election Day Consideration: Legal Risks Associated with a Politically Contentious Workplace

This year voters go to the polls to elect governors in Virginia and New Jersey, mayors in New York City, Boston, Detroit and other municipalities, and decide on a host of ballot issues across the country. With all of the excitement of Election Day, employees are sure to be engaging in political discussions in the workplace. Although politeness dict...

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Hurricanes, Tornadoes & Wages: How Does Employee Pay Work during a Natural Disaster?

This week marks the one year anniversary of Hurricane Sandy and serves as an important reminder for employers to ensure that their businesses are prepared to handle a natural disaster. Understandably, in the days following a natural disaster, it is easy for an employer to overlook federal and state wage and hour laws because the employer is often f...

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Wage & Hour Words of Wisdom: Beware of “Connectivity” Overtime for Non-Exempt Employees

The explosion of smartphones and ease of remote connectivity has fundamentally changed the landscape of the workplace, but is it all positive for employers? Not so fast—despite productivity enhancements, beware of the increased potential wage and hour risks. Modern technology has created a virtual 24/7 connectivity for employees that arguably...

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Mandatory Flu Shots: What Are the Workplace Side Effects?

October signals the beginning of flu season.  According to the Centers for Disease Control and Prevention (“CDC”), flu activity in the United States can begin as early as October and continue to occur as late as May, most commonly peaking in January or February.  The CDC reports that approximately 5 to 20 percent of people get...

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New Jersey Joins Growing List of States Prohibiting Employers from Demanding Social Media Passwords

Governor Chris Christie recently signed new legislation that places New Jersey on a growing list of states that prohibit private employers from requesting or requiring current or prospective employees to disclose their usernames, passwords, or any other access information for any “personal account” on a social media site, such as Twitte...

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Fantasy Football Leagues in the Workplace

A sampling of Obermayer's HR Legalist Blog's recent post on fantasy football leagues in the workplace can be read here. The start of a new NFL season brings with it the start of a new fantasy football season.  According to the Fantasy Sports Trade Association, approximately 24.3 million people play fantasy football.   Many fantasy l...

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Unpaid Internships: Avoid a FLSA Faux Pas

A sampling of Obermayer's HR Legalist Blog's recent post on unpaid internships can be read here. With the excitement of New York Fashion Week coming to a close, there is one recent trend that the fashion industry should pay particular attention to—unpaid internship lawsuits.  The fashion industry is now among a recent slew of industries...

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Government Shutdown: How Does It Affect Your Pending Labor and Employment Matters?

A stalemate in Congress has caused the federal government to shutdown as of October 1, 2013.  As a result, various federal agencies that enforce labor and employment laws are shutdown or operating in a very limited capacity.  For many, the shutdown and its attendant effects will include such things as the tolling of filing deadlines, cancellation of mediations and hearings, and delays in the processing of FOIA requests.  Federal agencies have posted contingency plans for operations during the shutdown on their respective websites.  Below are the main highlights for each agency.

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