Scarinci Hollenbeck, LLC
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201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: February 21, 2017
The Firm
201-896-4100 info@sh-law.comAs 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.
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