Engagement

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Supreme Court

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: S-2831 Secure Choice Savings Program Act

EANJ comments on Senate bill regarding Secure Choice Savings Program Act (SecureChoice)

Read EANJ Comments


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.

Read EANJ Comments


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

Read EANJ's Comments


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. 


Read EANJ's Brief

Read NLRB's Decision


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.

Read EANJ's Comments

Read Final Regulations


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

Read EANJ's Statement


A Bill to Enact the New Jersey Health Care Exchange

EANJ Comments on the Senate bill to enact a Health Care Insurance Exchange

Read EANJ's Comments


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.

Invitation to Testify

Read EANJ's Testimony


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.

Read EANJ's Comments

Read the Final Regulations


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

Read EANJ's Comments

Read the Final Regulations


A Bill to Implement the Affordable Care Act

EANJ Comments on bill to create an Insurance Exchange to implement the Affordable Care Act

Read EANJ's Comments


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 EANJ's Comments

Read NLRB Rule

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.

Read EANJ's Comments

Read Final Regulations


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

Read EANJ's Comments

Read Final Regulations


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.

Read EANJ's Comments

Read Final Regulations


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 EANJ's Comments

Read the Adopted Amendments

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.

Read EANJ's Comments

FMLA Notice of Proposed Rulemaking Website


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 EANJ's Comments

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 EANJ's Comments

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.

Read EANJ's Comments

Read DCR Regulation Here


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.

Read EANJ's Comments

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.

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.

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).