EANJ's original 1916 charter commits the organization to advancing "the principles of individual freedom in labor relations" and to "secure property rights and advance freedom of contract."
Generally speaking, EANJ's positions promote positive employee relations that can best be achieved with policies that recognize the dignity of the employee through a direct and voluntary relationship with the employer based on mutual respect.
Commentary, Position Statements, Legal Briefs
Comments on Regulations
Re: Comments to New Jersey Economic Development Authority on Child Care Employer Innovation Pilot Program
New Jersey, being a small business state, encounters significant challenges in implementing child care policy due to small businesses underestimating the benefits of supporting workers' child care needs while simultaneously overestimating the burden such support will have on operations. Focusing education and outreach initiatives on the small employer community is essential to demonstrate that child care is a business issue.
Re: Comments to OSHA Emergency Temporary COVID Vaccine and Testing Standard
Relying on employer-member surveys and concluding that "employers are already incentivized to follow Centers for Disease Control and Prevention recommendations and other relevant guidance without OSHA’s emergency temporary standard," the Employers Association of New Jersey and the N.J. Business & Industry Association have submitted combined comments on OSHA's Emergency Temporary Standard which imposes a COVID-19 vaccination or testing mandate for all employers with 100 or more employees.
Re: Comments to the US Department of Labor Women's Bureau on Paid Leave
A comprehensive national policy on paid leave should take into account New Jersey's experience with paid leave and consideration should be given as to how to ensure equal access for all.
Re: Comments to New Jersey Division on Civil Rights in regard to Domestic Violence
EANJ recommends domestic violence training in the workplace.
Re: Comments to New Jersey Division on Civil Rights in regard to Sexual Harassment Training
EANJ comments on how to combat sexual harassment in the workplace.
Re: Comments to N.J.A.C. 12:2 Readoption of Rules Concerning Employer Notification Relating to the Right to Be Free of Gender Inequity or Bias in Pay, Compensation, Benefits, or Terms, Conditions and Privileges of Employment
EANJ Comments on the proposed regulations requiring posting and notification of employee equal pay rights.
Re: Comments on USDOL regulation concerning Association Retirement Plans
EANJ comments to the USDOL on their proposed regulations concerning Association Retirement Plans
Re: Comments Delivered to the New Jersey Misclassification Task Force
EANJ delivered comments to Governor Murphy's Task Force on Employee Misclassification
Re: Comments to Proposed Rule PRN 2018-95, Earned Sick Leave
EANJ comments on the NJ Department of Labor and Workforce Development's proposed regulations regarding NJ's Earned Sick Leave Statute.
Re: S-2831 Secure Choice Savings Program Act
EANJ comments on Senate bill regarding Secure Choice Savings Program Act (SecureChoice)
Re: Comments to Proposed Rule RIN 1235-AA11, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees
EANJ comments on the US Department of Labor Wage and Hour Division's proposal to modernize and streamline the existing overtime regulations.
Re: Comments to A4444, the Out-of-network Consumer Protection, Transparency, Cost Containment and Accountability Act
EANJ Comments on Assembly bill regarding consumer healthcare protections, transparency and cost containment
Re: Comments on National Labor Relations Board's reconsideration of a 2007 decision addressing the standard governing employees' use of employer-provided email systems and union related activity
EANJ urges the Board not to overturn the current standard which generally allows employers to bar employees from using the employer's email systems for union related activity.
Re: Comments to Proposed Rules Concerning Employer Notification Relating to the Right to Be Free of Gender Inequity or Bias in Pay, Compensation, Benefits, or Terms, Conditions and Privileged of Employment
EANJ Comments on the proposed regulations requiring posting and notification of employee equal pay rights.
Testimony-Wage Discrimination
Statement to the N.J. Assembly Committee on Women and Children on bills that would, among other things, amend the New Jersey Law Against Discrimination and the New Jersey Conscientious Employee Protection Act
A Bill to Enact the New Jersey Health Care Exchange
EANJ Comments on the Senate bill to enact a Health Care Insurance Exchange
Testimony-Wage Disparity
Testimony before the N.J. Assembly Committee on Women and Children relating to factors accounting for a gender earnings gap in the State of New Jersey and other pay equity issues that may affect women in the State.
Re: Comments to the Repeal and Proposed New Rule: N.J.A.C. 12:56-7, Exemptions from Overtime
EANJ Comments on the repeal and proposed new rule regarding Exemptions from Overtime.
Re: Comments to the Readoption of N.J.A.C. 12:56, et.seq.
EANJ Comments on the readoption of the New Jersey Wage and Hour Rules
A Bill to Implement the Affordable Care Act
EANJ Comments on bill to create an Insurance Exchange to implement the Affordable Care Act
Re: Proposed Rules Governing Notification of Employee Rights under the National Labor Relations Act
EANJ Comments on NLRB Rule to Post Labor Rights Poster in the Workplace
Read decision upholding the NLRB's authority to require the notice posting
Read order staying decision pending appeal
Read decision invalidating NLRB's authority to require the notice posting
Re: Proposed New Rule: N.J.A.C. 12:235-13.7, Stop-Work Order
EANJ submits comments concerning proposed rules regarding Stop-Work Orders.
Response to Proposed Rule NJAC 12:56-5.8, Use of Time Clocks and "Rounding" Practices
EANJ submits comments concerning proposed rules regarding use of time clocks and rounding practices under NJ's Wage and Hour law
Response to Proposal Number : PN 2008-324, Family Leave Insurance Benefits Rule Proposals - Issue Date October 6, 2008
EANJ submits comments concerning proposed rules regarding Paid Family Leave Insurance Benefits.
Response to Proposal Number: PRN 2008-312, Family Leave Insurance Benefits Rule Proposals - Definition Section (2008)
EANJ submits comments concerning proposed rules regarding Paid Family Leave Insurance Benefits.
Read the Notice of Administrative Correction regarding the Adopted Amendments
Response to "Notice of Proposed Rulemaking to Amend the Family and Medical Leave Act Regulations" (2008)
Requesting that the US Department of Labor clarify regulations under the Family and Medical Leave Act.
Response to "Request for Information on the Family and Medical Leave Act of 1993" (2007)
Requesting that the US Department of Labor clarify regulations under the Family and Medical Leave Act.
Read the DOL Report on the Comments here
In the Matter of NJAC 13:14, NJ Family Act Rules (2007)
Requesting that the NJ Division of Civil Rights clarify regulations under the state leave law so that they can be more clearly understood and followed by employers.
Read the DCR Proposed Regulations here
DCR Addresses EANJ's Comments and Adopts New Rules
In the Matter of NJAC 13:13, subchapter 2 (2005)
Opposition to NJ Division on Civil Rights proposed regulation requiring employers to consider granting a leave of absence to accommodate employees with disabilities.
Regulation of temporary help service firms and collection of unemployment taxes and other payroll assessments (2001)
Read Transcript of Testimony before Assembly Labor Committee
Comments: Proposed Rules Implementing NJ Identity Theft Prevention Act (1999)
EANJ submits comments concerning proposed rules that would include "employee" within the definition of "customer," thereby requiring employers to adopt substantial practices and policies to comply with the Identity Theft Prevention Act.
More EANJ commentary 
Amicus Curiae
Aguas v. State of New Jersey
NJ Supreme Court (2015) An employer in a hostile work environment sexual harassment case may assert as an affirmative defense that it exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to otherwise avoid harm.
D'Annunzio v. Prudential Insurance Company
NJ Supreme Court (2007) Seeking the reversal of an appellate court decision holding that an independent contractor has standing to sue as a whistleblower under the NJ Conscientious Employee Protection Act. The Court holds that an Independent Contractor could have standing to sue if the Independent Contractor is under the direction and control of the employer and where the Independent Contractor is performing core services of the organization.
Carrone v. UnitedHealth
Third Circuit Court of Appeals (2021) Where an employee does not dispute consent to arbitrate employment claims under an agreement with her employer, claims challenging consideration or alleging fraud in the inducement of the arbitration agreement, or that the employer’s promise was illusory must be submitted to the arbitrator for adjudication.
Gerety v. Hilton Casino Resort
NJ Supreme Court (2005) Holding that a woman who is disabled due to her pregnancy and who takes 180 days off from work is not entitled to additional leave if men with disabilities are required to adhere to the same 180-day maximum.
Joyce Quinlan v. Curtiss-Wright Corporation
NJ Supreme Court (2010) The Court rules that a Director of Human Resources can, under certain circumstances, remove and use company - confidential information obtained in her capacity as HR Director to sue her former employer, alleging gender discrimination and retaliatory discharge.
Lippman v. Ethicon
NJ Supreme Court (2015) The Conscientious Employee Protection Act applies when the alleged whistleblowing activities are disclosures made by "watchdog" employees in the normal scope of employment.
Maw v. Advanced Clinical Communications, Inc.
NJ Supreme Court (2004) Holding that the refusal to sign a non-competition agreement does not constitute legally protected whistleblowing activity.
Puglia v. Elk Pipeline
NJ Supreme Court (2016) The National Labor Relations Act does not preempt a state law civil retaliation claim under the Conscientious Employee Protection Act where the claim does not require an interpretation of a collective bargaining agreement.
Skuse v. Pfizer
N.J. Supreme Court (2020) The court ruled that an agreement to arbitrate employment claims is enforceable when an employee provides explicit, affirmative consent, either in writing or written or electronically. The court gives guidance to employers that utilize electronic methods, such as emails and PowerPoint presentations, to obtain employees’ consent and suggests a “click box” is sufficient to make it “unmistakably clear” that the employee is “voluntarily agreeing” to the arbitration policy.
Stengart v. Loving Care Agency, Inc.
NJ Supreme Court (2010) The court ruled that an employer's interest in enforcing its electronic communications policy, which permits occasional personal use, does not outweigh an employee?s privacy interest in personal email communications sent to and from her lawyer.
White v. Starbucks
N.J. Appellate Division (2011) The court ruled an employee does not state a cause of action under the Conscientious Employee Protection Act when the alleged whistleblowing activity constitutes the activities that an employee is hired and paid to perform. Supreme Court of New Jersey denies Certification - 4/11/12.
Winters v. North Hudson Regional Fire
NJ Supreme Court (2012) The Court holds that a public employee who fully adjudicates a disciplinary notice where the tribunal finds that he has been fired for cause, cannot later sue his employer under the Conscientious Employee Protection Act (CEPA).