Blog: NJ Laws

All employers with less than five hundred employees are required to post this notice from the Department of Labor in a conspicuous place with other required workplace posters. Because so many employees are working remotely, we strongly suggest that you email the notice to all employees and if you have a company intranet, post it there as well. If you have any questions or concerns about compliance with the Families First Coronavirus Response Act please...

Most people know that employment discrimination on the basis of disability is prohibited. But, not many people know that under both New Jersey Law Against Discrimination (“LAD”) and Federal Americans with Disabilities Act (“ADA”) alcoholism and drug addiction is considered a disability, and that it is therefore unlawful for an employer to terminate or otherwise discriminate against an employee on the basis of the employee’s alcoholism or drug addiction.(1) In determining whether an employer is...

Bail reform and criminal justice reform have swept through New Jersey. In 2017, there have been tremendous changes in the conducting of business within the criminal courts. On December 14, 2017, the Burlington County Bar Association, Criminal Practice Committee proudly presents a seminar concerning bail and criminal justice reform. The seminar is entitled: “Bail & Criminal Justice Reform (What We’ve Learned)” and will feature The Honorable Jeanne T. Covert, P.J.Cr., The Burlington County Prosecutor, Scott...

There are a variety of circumstances in which employers require prospective employees to sign noncompete agreements as a condition of employment. Many prospective employees – especially in this job market – fail to consider the implications of these restrictions until it is too late. Even if you are suffering from the effects of noncompete restrictions, you should know that not all restrictions are enforceable. Although it was not always the case, it is currently the...

The New Jersey Supreme Court has now made it easier for police to conduct warrantless searches of vehicles. In State v. Witt, the court overturned the previous standard for searching vehicles which required the police to get a warrant in most circumstances because they found the was unworkable in practice. The warrantless search of a vehicle is permitted “when police have probable cause to believe that it contains contraband or evidence of a crime and where...

Expungements are like an eraser that can wipe your record clean. You can get an expungement after two years for a Municipal Ordinance Conviction, five years after a Disorderly Persons Conviction or ten years after you have completed probation or a prison sentence for an eligible indictable crime. Recently the court has been willing to entertain expungement applications earlier that listed above if certain conditions are met. In an apparent switch in their philosophy to...

In a unanimous decision by the New Jersey Supreme Court the court held that law enforcement cannot enter a disabled vehicle to gather proof of registration and insurance, without asking the driver for the information or asking permission. In the case, State v. Keaton, a state trooper was on I-295 when he was called to an accident. The driver had been taken from the car and Emergency Medical Technicians (EMTs) were treating him. In order...

New Jersey has special Expungement Rules for young drug offenders who wish to clear their record. In order to get the Young Drug Offenders Expungement it must be not less than one year after conviction, termination of probation or parole or discharge from custody, whichever is later. The charge could only be for possession or use of drugs, or sale or distribution of certain amounts of Hashish or Marijuana. If you were charged with sale...

If a driver doesn’t use a seat belt or doesn’t make their passengers use one, then the driver could face jail time. The Seat Belt Law, enacted in 1984, has not been used in this way until now. Previously, the Seat Belt Law would be a traffic ticket that would require a municipal court appearance, now violators could go to state prison. The amount of jail time being faced depends on the injuries involved. The...

Expungements are like an eraser that can wipe your record clean. Mistakes from your past can be eliminated from your criminal history. Are you eligible for an Expungement? When can you get your record expunged? Type of offenses that can be Expunged Number of offenses that can be Expunged Amount of time before Expungement is possible Juvenile Delinquency Offenses These records are sealed after the juvenile comes of age. Once the Juvenile reaches 18 they are sealed Young Drug Offenders No Limit If Conviction is for Possession or Use...