Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: February 21, 2017
The Firm
201-896-4100 info@sh-law.com
As we now enter the third month of the year, New Jersey employers should conduct an annual review of their employee handbook to ensure that they reflect new regulations and the most up-to-date court precedents.After making any changes, it is imperative to provide updated handbooks to all employees and require written acknowledgement of receipt. Below are seven key areas to review:
New Jersey lawmakers have not yet passed a state-wide sick leave law mandating that private employers provide workers with paid or unpaid sick leave. Nonetheless, cities and towns across the state continue to enact local ordinances, thereby creating an unruly patchwork of compliance issues. Morristown is the latest New Jersey municipality to require employers to provide paid sick leave. If you employ people in one or more affected locations, your handbook should communicate the leave rights that have been conferred upon them. Because many local ordinances contain notice provisions, New Jersey employers should check the local laws for all municipalities in which they operate to determine if any postings are required.
The Defend Trade Secrets Act (DTSA) creates a federal cause of action for trade secret misappropriation. Of relevance to employee handbooks, it also contains provisions that require employers to provide a notice of the DTSA’s whistleblower immunity “in any contract or agreement with an employee that governs the use of a trade secret or other confidential information” for contracts “entered into or updated after the date of the enactment of the statute.” Businesses that fail to comply with the provisions are barred from taking advantage of the DTSA’s exemplary damages or attorney fees provisions in trade secret misappropriate lawsuits involving workers who were not given the proper notice. To ensure compliance, in addition to posting notice of such requirements, employee handbook whistleblower policies should include the required DTSA notice.
As New Jersey’s medical marijuana program continues to develop, employers should begin considering how to address marijuana use by employees. Although the law is still developing in this area, employers are still authorized to prohibit marijuana use in the workplace and prohibit workers from being under the influence of the drug during working hours. The question is whether zero-tolerance drug use policies can be enforced when marijuana is consumed off the premises and outside of working hours pursuant to a valid medical marijuana card. Prior to developing new policies, employers are advised to consult with experienced counsel.
If your employees are browsing Facebook during work hours, it may be time to update your Internet policy. A Pew Research study found that workers subject to an employee social media policy are less likely to use social media for personal reasons while on the job. At minimum, an Internet Usage Policy should make it clear that employees are expected to use the Internet exclusively for job-related activities and that personal use is not permitted. In addition, it is imperative to expressly state that the company reserves the right monitoring employees Internet activity that takes place on employer-owned devices, including the data that is composed, sent or received through its online connections.
When reviewing and updating your employee handbook, it is wise to consult with experienced legal counsel. A New Jersey employment attorney can not only verify that all necessary changes are made, but also help ensure that they are implemented properly.
Do you have any questions? Would you like to discuss the matter further? If so, please contact me, Gary Young, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]
Author: Wendy Rubinstein Quiroga

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]
Author: Sean M. Pena

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]
Author: Nicholas Wall

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]
Author: Jay McDaniel

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Author: John D. Giampolo

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Author: Wendy Rubinstein Quiroga
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!