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Employment Law Archives

The Effect of Legalizing Marijuana on the workplace.

As the New Jersey legislature proceeds through its "lame duck" session in the last days of 2019, it is possible that the Assembly and Senate may revisit the bill legalizing recreational marijuana usage and vote to adopt same. While the legislation will decriminalize recreational usage at the state level, marijuana still remains a Schedule 1 regulated substance per the Federal Controlled Substance Act. Accordingly, you will need to ensure that your employee handbooks and workplace policies address the consumption, usage, testing of this substance during your working hours. How you address it will depend on the nature of your business and the specific job tasks done by your different categories of employees.

COMPLIANCE TIPS: Employee Classification

In May 2018, NJ Gov. Phil Murphy established a Task Force on Employee Misclassification focused on ensuring that employees are properly classified as W-2 wage earners rather than 1099 independent contractors. The Task Force enforces the ABC test set forth in Hargrove v. Sleepy's, which presumes a worker to be a W-2 employee unless the employer can demonstrate the independence of the worker in performing the essential functions of the job, that the worker serves other masters, and is regularly engaged in an independently established trade, occupation, profession or business.

Workplace Bullies

The EEOC defines harassment as "unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information." To be actionable at law, the harassment needs to be aimed at these protected categories.

Handling an Employee Complaint

As an employer and an entrepreneur, the highest and best use of your time is spent in working in your business. The most frustrating part of your job as a manager is likely to be the moment when you receive the charge from the NJ Division of Civil Rights (DCR) or EEOC alleging that you or one of your employees has committed some form of harassment and discrimination.

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