- Of Counsel
A bill commonly known as “Ban the Box” was recently passed by both Houses of the New Jersey State Legislature. The bill (A1999/S1484) would provide someone with a criminal history certain protections when seeking employment. Known as “The Opportunity to Compete Act”, the bill seeks to prohibit an employer from conducting a criminal background check on employment candidates during the pre-application and application process. Once a qualified candidate has received a conditional offer of employment, an employer would then be authorized to inquire about and consider a candidate’s criminal history, provided that the candidate is given written notice of the criminal background check and consents to it. Depending on the severity of the crime, the bill establishes time lines for how long a conviction may be considered by an employer when making an employment decision. Convictions for certain serious crimes (such as murder, arson, robbery, kidnapping, etc.) can be considered by the employer regardless of when the crime occurred. The bill provides no causes of actions by private parties, but would subject employers to pay fines of $1,000 to $10,000 for failure to comply with the law. At this time, the bill is awaiting action by the Governor.
Have you ever experienced discrimination in the workplace? Do you know your rights as an employee? This class will explore topics including: sexual harassment; discrimination on the basis of age, race, disability, or other protection classifications; medical marijuana in the workplace; whistle-blower claims; NJ’s newly enacted Wage Theft Act; the difference between the Federal and State family leave acts; and other laws that protect employees. We will discuss hypothetical employment claims based on real life employment experiences. Update: This course will also cover new employee protections available due to COVID-19.
The instructor for this course is Mason, Griffin & Pierson attorney, Elizabeth Zuckerman, Esq., who has been practicing employment law in Princeton for 30 years.
Click Link Here to read important information regarding the Families First Coronavirus Response Act.
In a recent decision (Justin Wild v. Carriage Funeral Holdings, Inc.), the New Jersey Supreme Court determined that an employee who is fired for using medical marijuana outside the workplace may bring a claim for disability discrimination under the New Jersey Law Against Discrimination. Mason, Griffin & Pierson Attorney, Elizabeth Zuckerman, who argued the cause for Amicus Curiae National Employment Lawyers Association of New Jersey, stated the "decision is a win for employees who test positive for marijuana due to their lawful use of medical marijuana outside the workplace."
Jeanne-Marie Scollo has become an Associate with Mason, Griffin & Pierson, P.C. She earned her J.D from Touro College Jacob D. Fuchsberg Law Center. She is a member of the firm's Local Government Law and Litigation Practice Groups. Ms. Scollo brings over nine years of previous legal experience to the firm. She served as Deputy County Counsel for Middlesex County from 2014 to 2019 and was previously a solo practitioner in New Brunswick. Ms. Scollo is admitted in New Jersey and New York and is a member of the New Jersey Institute of Local Government Attorneys, Mercer County, Middlesex County, and New Jersey State Bar Associations.