Employers may be held potentially liable for employees who operate an electronic device (hand-held cell phone, MP3 player, laptop, or GPS unit) while driving a company-owned vehicle or driving on the job. To limit their liability, employers should develop guidelines addressing this issue and strictly enforce compliance.
news | Letter of the Law
Ruling on Employee's Personal E-Mails
NEW JERSEY SUPREME COURT RULES AGAINST EMPLOYER FOR SNOOPING EMPLOYEE'S PERSONAL E-MAILS ON COMPANY COMPUTER One of the biggest sources of tension for today's employers is balancing employee privacy rights against the legitimate rights and obligations of the employer to control its electronic workplace, including its equipment, servers and data. Employers as a necessity must control the information that passes through servers and is maintained on databases. Employers likewise must protect against external security threats such as viruses or hacking and identity theft. Employers must safeguard confidential and proprietary information against competitive theft or improper use or disclosure. And they are responsible for ensuring that employees do not violate internal policies by using the electronic systems to engage in harassment, discrimination or violate the law. To manage their burdens and responsibilities, employers often enact electronic use policies notifying their employees that the company's e-mail systems and computers are for business use only and to notify them not to expect privacy when they use the company's systems. more…
New Bill Introduces Meal and Rest Breaks
New Jersey Assembly Introduces New Bill Requiring Employers to Give Meal and Rest Breaks A new bill was introduced by New Jersey’s Assembly and is currently under review by its Labor Committee. The bill proposes that employers give meal and rest breaks to all employees. Current New Jersey law mandates meal and rest breaks only for minors. No legislative purpose is described in the bill other than to note that nineteen other states require meal and rest breaks. more…
Individuals Can Be Liable Under NJ’s Consumer Fraud Act
Individuals Can Be Liable Under NJ’s Consumer Fraud Act In an opinion by the Appellate Division this past October, individuals performing contracting services to the public have reason to be fearful. The Appellate Division imposed individual liability upon the CEO of a landscaping firm for his participation in Consumer Fraud Act (CFA) violations. more…
New Jersey Becomes the Third State to Offer Paid Family Leave On May 2, 2008, New Jersey’s governor signed a bill that extends temporary disability insurance benefits to provide paid time off for workers who take family leave. The paid leave is to be funded solely through employee payroll tax deductions, which begin in January of 2009, with benefits available July 1, 2009. The benefits will provide up to two-thirds pay, capped at $524 per week. more…
Do Your Hiring Practices Need Updating? As valued clients and colleagues, we would like to wish you all a happy holiday season and inform you about a significant change in the law that affects all employers and their hiring practices. more…
Professionals Must Disclose Potential Claims
COURT SAYS PROFESSIONALS MUST DISCLOSE POTENTIAL CLAIMS WHEN APPLYING FOR MALPRACTICE COVERAGE AND MAY FORFEIT COVERAGE IF THEY DELAY NOTIFYING THEIR CARRIER OF A POTENTIAL CLAIM Two recent New Jersey appellate court decisions underscore the importance of timely notifying your insurance carriers about possible malpractice claims under a claims-made policy, even if you do not believe the claims are covered. In Liberty Surplus Ins. more…
Attorneys’ Fee Awards: A Just Result When Policyholders Are Forced to Litigate to Obtain the Benefits of Insurance Policies On March 16, 2007, a New Jersey trial judge awarded over $262,000 in attorneys’ fees and costs to an insulation contractor who prevailed at trial against an insurance company’s attempts to legitimize its failure to pay asbestos liability claims. The insured faced thousands of claims for bodily injury allegedly caused by exposure to insulation that contained asbestos. Schwartz Kelly, LLC represented the contractor both in the trial against the insurance company and in the application for attorneys’ fees. more…
Employers Take Note: Communication with Employees about Important Legal Rights Must be Clear and Understandable A recent decision of the New Jersey Superior Court in Bergen County, Angrisani v. more…