HR Alerts

March 2026

On January 13, 2026, New Jersey approved P.L.2025, c.325, which amends the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA). The amendment does not overhaul the law but does significantly change important elements of the law that relate to assessing employee impairment, determining which substances qualify as intoxicating “cannabis items,” and, for cannabis employers, conducting employee background checks.

Changes to the Workplace Cannabis Impairment Evaluation Process

The amended statute changes how employers evaluate potential cannabis impairment during work hours. Previously, the Cannabis Regulatory Commission (CRC) had asserted its intent to partner with the NJ State Police to develop a process to train and certify “full- or part-time employees, or others contracted to perform services on behalf of an employer” to serve as “Workplace Impairment Recognition Experts” (WIRE) within an organization. With the amendment, the CRC will instead work in consultation with the NJ Department of Labor and Workforce Development (NJDOL) to create those same standards for individuals to be certified as a “Workplace Impairment Recognition Evaluator.”

When completed, the CRC’s certification process will determine the standards both for the WIREs and the third-party organizations which train them. CREAMMA requires the CRC to establish minimum curriculum standards for third party organizations which seek to offer WIRE certification training. The statute makes clear that WIRE training is intended to prepare individuals for “detecting and identifying an employee’s usage of, or impairment from, a cannabis item or other intoxicating substance, and for assisting in the investigation of workplace accidents.” It also states that any person who completes a CRC-approved WIRE training program “shall be issued a certification.”

Now what? The new WIRE certification process must now be put into action. Per the amendment, the CRC will work in consultation with the NJDOL to create the standards third-party trainers will use to qualify individuals to be certified WIREs.

EANJ will keep you posted.

Expanded Definitions Now Include Delta-8 and other “Intoxicating Hemp Products”

CREAMMA’s definition of “cannabis item” now defines and covers “intoxicating hemp products,” including hemp derived delta8 and similar THC analogs. Such hemp products which exceed the .5 milligrams per serving THC limit set out in the amended definition will now be regulated the same way as cannabis-derived delta‑8 and similar THC analogs.

More Flexible Hiring Screening Rules for Cannabis Employers

The amended law allows the Cannabis Regulatory Commission (CRC) to exempt certain workers – potentially including entry level roles – from background check requirements. Disqualifying convictions are now limited to substantially related indictable offenses within the last five years, and prior cannabis related convictions may not be considered. This change expands hiring flexibility and reduces barriers for job seekers‑level roles‑check requirements. Disqualifying convictions are now limited to substantially related indictable offenses within the last five years, and prior cannabis‑related convictions may not be considered. This change expands hiring flexibility and reduces barriers for jobseekers.

Feb 2026

On January 16, 2026, the New Jersey Division on Civil Rights (DCR) issued guidance clarifying how language-based practices may violate the New Jersey Law Against Discrimination (NJLAD). While the guidance does not create new legal obligations, it signals increased enforcement focus on workplace policies involving language, accents, and communication. Routine language rules, if not carefully justified, can expose employers to discrimination claims even absent discriminatory intent.

The DCR explains that although language itself is not a protected characteristic, it is closely tied to protected traits such as national origin, ancestry, nationality, race, religion, and disability. As a result, language‑related decisions may be unlawful if they function as a proxy for discrimination or disproportionately impact protected groups.

Common risk areas include accent bias in hiring or promotion, overly broad English‑only or fluency requirements, and failure to address language‑based harassment. Even neutral policies may create liability if they lack business necessity.

Language requirements may be lawful when they qualify as a bona fide occupational qualification (BFOQ)—meaning the language skill is genuinely needed to perform core job duties. To assess business necessity, employers should ask whether the language requirement is tied to safety, effective communication, regulatory obligations, or essential job functions—and whether a less discriminatory alternative could meet the same need.

Jan 2026

Governor Murphy has signed legislation expanding the New Jersey Family Leave Act (NJFLA), significantly broadening employer coverage and employee eligibility.

Effective under the new law, the employer coverage threshold is reduced from 30 or more employees to 15 or more employees. As a result, many smaller employers that were previously exempt are now subject to NJFLA requirements.

The law also revises employee eligibility standards. Employees will now qualify for NJFLA leave after they have been employed for at least three months and worked 250 hours in the 12 month period immediately preceding their need for leave. Previously, eligibility required 12 months of employment and at least 1,000 hours worked.

Importantly, the revised eligibility requirements apply to all covered employers, not solely those newly brought under the statute due to the lower employee threshold. Employers should review their leave policies and management practices to ensure compliance.

These changes will become effective in July 2026.

Dec 2025

The New Jersey legislature’s lame duck session is underway in Trenton, and several employment-related bills advancing this session could impact HR compliance and workforce policies, including:

• A3451 – Family Leave Expansion: Gradually reduces the employer size threshold from 30 to 5 employees, expanding eligibility for family leave job protection.
• A4182 – Cannabis Industry Employment: Addresses conditions of employment for certain cannabis workers.
• S4385 – Non-Compete Ban: Would prohibit non-compete clauses, affecting current and future agreements.

Also Watch: The Department of Labor and Workforce Development has yet to finalize regulations on New Jersey’s ABC Test for determining independent contractor or employee classification. These regulations, if finalized, carry implications for wages, benefits, and tax compliance.

We’ll continue tracking developments and provide updates as warranted.

Nov 2025

The U.S. Department of Homeland Security (DHS) has issued an interim final rule eliminating the practice of automatically extending employment authorization documents (EADs) for most noncitizens who timely file renewal applications, starting October 30, 2025.Until now, many individuals who filed EAD renewal applications were allowed to keep working while waiting for their new card. However, under this new rule, automatic extensions will stop for most applicants.Employers can encourage workers to file renewal applications 120–180 days before their EAD expires to avoid a work gap.Read the DHS press release here.

Sep 2025

The NJ Department of Labor has proposed increases for the maximum weekly benefits for claims filed in 2026:    Workers’ Compensation Rate: $1,199 per week    Temporary Disability Benefit Rate: $1,119 per week    Family Leave Insurance: $1,119 per week    Unemployment Compensation Rate: $905 per week

Oct 2025

UPDATE: E-Verify Resumes OperationsUSCIS has reopened the E-Verify portal.  Employers who participate in E‑Verify must create an E‑Verify case by Tuesday, Oct. 14 for each employee hired while E‑Verify was not available. You must use the hire date from the employee’s Form I‑9 when creating the E‑Verify case. If you could not create an E‑Verify case by the third business day after the employee began work for pay because E‑Verify was unavailable, E‑Verify will prompt you during case creation to provide a reason for the delay. Select “Other” from the “Select a Reason for Delay” drop-down menu and enter “E‑Verify not Available” as the specific reason in the “Reason for Delay” text box. The days E‑Verify was unavailable will not count toward the three business days employers usually have to create a case in E-Verify.  Read Updated USCIS Guidance here.*********************************************************************Due to the federal government shutdown, the E-Verify system is currently inaccessible. Employers cannot create or update cases, run reports, or access other E-Verify functions during this time.Employers must continue to comply with Form I-9 requirements, which remain unchanged. Form I-9 must still be completed within three business days of an employee’s start date. However, the “three-day rule” for E-Verify case creation has been suspended for the duration of the shutdown. Employers will not be penalized for delayed case submissions once the system is restored.Read USCIS Guidance here.

Sep 2025

On September 3, 2025, Governor Murphy signed legislation into law prohibiting employers from requiring employees to attend meetings or communications about political, religious, or union-related matters.Key provisions:Employees cannot be compelled to attend meetings on politics, religion, or union activity.Employees cannot be disciplined or retaliated against for refusing to participate.Employees may bring a civil action within 90 days if their rights are violated.Employers must post a notice of employee rights under the law. **Stay tuned for poster availability**Effective date: December 2, 2025. 

Aug 2025

The federal Department of Labor (DOL) officially revived the Payroll Audit Independent Determination (PAID) Program, a voluntary compliance initiative that had been dormant since 2021. Originally launched in 2018, the PAID Program was designed to help employers proactively correct wage and hour violations under the Fair Labor Standards Act (FLSA). The updated version now also includes violations under the Family and Medical Leave Act (FMLA).The PAID program offers employers an opportunity to address potential wage or leave violations without the risk or burden of litigation. If your organization suspects it may have underpaid employees or mishandled leave entitlements, you can voluntarily conduct a self-audit and work with the DOL toward resolutions which may include paying back wages and making other changes to your policies.Despite these benefits, employers should proceed with caution: participation in the PAID Program does not shield you from liability under state or local laws, and employees are free to reject back wages offered through the program in favor of pursuing legal action under New Jersey’s wage and hour laws. For example, under New Jersey’s Wage Theft Act – which has a six-year statute of limitations – employees who prove their employer acted with willful or reckless disregard of the law would be entitled to liquidated damages up to 200% of the wages due.It’s also important to note that participation in the PAID Program is not anonymous. Businesses must formally apply and identify themselves to the DOL, and there is no guarantee of acceptance. If accepted, you’ll be required to certify compliance with either the FLSA or FMLA, depending on the nature of the violations.Given the complexity and potential legal exposure, EANJ encourages employers to consult with legal counsel before deciding to participate. A well-executed self-audit can help you identify and correct issues before they escalate, but employers must undertake the audit carefully and with a full understanding of the PAID Program’s limitations and requirements. 

Jul 2025

The New Jersey Department of Labor and Workforce Development (NJDOL) has announced that state unemployment insurance (UI) contributions have exceeded expectations, making it possible to lower the UI tax rate for employers beginning in the new fiscal year on July 1, 2025.As a result, employer UI contribution rates will shift from the current “Column D” range of 0.6% to 6.4% to the lower “Column C” range of 0.5% to 5.8%. This adjustment is projected to save employers approximately $300 million in the upcoming fiscal year.Employer contribution rates to the Unemployment Insurance (UI) Trust Fund are based on two key factors. The first is the overall status of the fund, which determines the applicable column of the UI tax table for all New Jersey employers. The second is each employer’s individual experience with unemployment claims, which dictates their specific rate within that column.This lowering of the UI contribution rate for businesses indicates significant recovery for the UI Trust Fund, which was heavily impacted by the Covid-19 pandemic.