On August 29, Governor Chris Christie signed a bill that bars employers from requiring job candidates or current employees to disclose their usernames and passwords for social media sites.
The law allows aggrieved employees or applicants to report violations to the Commissioner of the Department of Labor and Workforce Development, with employers being liable for fines of $1,000 for a first violation and $2,500 for repeat violations. The law also prohibits employers from retaliating in any way against an employee who exercises his or her rights under the law. These retaliation provisions extend to employees who refuse to provide their passwords, report violations, or participate in investigations into violations of the law.
Gov. Christie conditionally vetoed a previous version of the legislation that would have provided employees the right to bring private civil actions to enforce the bill. In his veto, the governor also added a provision allowing employers to request or require that employees disclose whether they maintain a private social media account. Therefore, in the version of the bill signed by Gov. Christie, employers may require employees or applicants to disclose whether they maintain a private social media account. The new law makes clear that (1) the law will not apply to an individual's social media accounts that are used for business purposes; (2) employers may access an employee's or applicant's social media pages to the extent that they are shared publicly; and (3) employers may investigate a violation of law, employee misconduct, or the unauthorized transfer of proprietary, confidential or financial information via an employee's personal social media account.
New Jersey joins a growing list of states with similar protections for current or prospective employees, including Arkansas, California, Illinois, Maryland, New Mexico, Oregon and Washington. These laws have garnered much media attention as they have progressed through their respective legislatures. However, it is unclear whether the problem addressed by the statutes - employers requiring employees' usernames and passwords - is sufficiently widespread for the statutes to have much, if any, impact in the workplace.
Patrick McCarthy and Christopher Stracco are scheduled to speak on Friday, February 10, at the New Jersey Institute of Continuing Legal Education's Annual 2017 Redevelopment Law Institute at the Renaissance Woodbridge Hotel in Iselin, New Jersey.
On January 17, John DeSimone and Heather Weine Brochin presented a discussion about employment agreements and negotiation strategies at the NYU School of Medicine.
On October 10, James Bowers will share his personal perspectives on the History of Slavery and Race in South Carolina at UConn School of Law.
Day Pitney Alert
Rachel Gonzalez, Mary Rogers and Patrick McCarthy wrote an article "NLRB Eases Organizing of Temporary Workers" for CBIA’s H&R Safety Newsletter on the impact of the recent decision of the National Labor Relations Board (NLRB).
Michael Furey was quoted in an article, "The Biggest New Jersey Cases of 2016," which was published in Law360.
Michael Furey was quoted in an article, "NJ Panel Grills Hospitals Over Discovery In Horizon Row," in Law360. Day Pitney is representing five New Jersey hospitals in a lawsuit against Horizon Healthcare, relating to its new, multi-tiered health plan called OMNIA. Furey advocated on behalf of the five hospitals on Wednesday before a New Jersey appeals court that Horizon should turn over a consultant's report and certain agreements relating to how Horizon categorized hospitals under its controversial OMNIA Alliance program and the impact of OMNIA on the hospitals. These Tier 2 hospitals are alleging various claims, including breach of contract and citing concerns that being ranked in the lower tier of the program will cost them business. Horizon contends the sought-after materials, including a financial analysis, strategic alliance agreements and rate agreements between the insurer and OMNIA network hospitals, contain trade secret and confidential information. "If we're going to prove our hospitals should be Tier 1 alliance members, we need the documents and the information," Furey said.
Hartford, Conn., May 26, 2016 - Day Pitney LLP is pleased to announce that Employment and Labor attorney Albert Zakarian has been chosen as a Lifetime Achievement winner of The Connecticut Law Tribune’s second annual Professional Excellence Awards 2016. The Professional Excellence Awards 2016 recognize 28 lawyers, who were chosen from over 60 nominees, as either Lawyer of the Year or Lifetime Achievement recipients, according to The Connecticut Law Tribune. The Lifetime Achievement Awards honor "attorneys who have excelled over a career."
John McLafferty was quoted in an article, "Final overtime regulations less drastic than feared," in Massachusetts Lawyers Weekly. In the article, McLafferty discusses how the Department of Labor’s final revised federal overtime regulation will impact businesses. "The reality is that the rule made more people eligible for overtime; it didn’t create any obligation for employers to pay more overtime," he said. McLafferty added that the regulation’s impact on employees could have a wider effect on office culture and policies, which may affect a company’s ability to attract and retain workers. In addition, he noted that employers should take this opportunity to ensure that all of their employees are properly classified for overtime purposes.
Albert Zakarian has been chosen as a winner of The Connecticut Law Tribune's second annual Professional Excellence Awards. The awards recognize two dozen lawyers for outstanding service to the profession during their long careers. The publication received more than 70 nominations. Profiles of awardees will appear in the Law Tribune in May. An event will also be held in May to recognize the winners. More about the awards can be found here.