Liability Laden Credit Check Bills Coming Up for a Vote in the Senate

Like so many other bills in the employment law context that have been considered recently, S524 and S1130, are a liability boondoggle disguised as a regulatory mandate. On their face, the bills simply prohibit employers from conducting credit history checks on employees and job applicants. But under the surface, this legislation dramatically increases the liability risk businesses in New Jersey must face since it would encourage employees and job applicants to take non-compliant employers to court. As we have repeatedly said, increasing liability risk is bad for New Jersey’s economy.

By |2015-06-25T20:11:16-04:00June 25, 2015|News, Top Stories|0 Comments

NJ Federalist Society Hosting Event on Disparate Impact Liability

On Tuesday, June 30, the New Jersey Chapter of the Federalist Society is hosting Prof. Gail Heriot of the University Of San Diego School Of Law for a discussion of disparate impact litigation. Under disparate impact analysis, certain practices might be considered discriminatory if they have a disproportionate adverse impact on a protected class of persons, even without discriminatory intent. The expansion of disparate impact litigation could dramatically increase the number of discrimination lawsuits filed against businesses.

By |2015-06-24T12:15:22-04:00June 24, 2015|News, Top Stories|0 Comments

Taxation via Litigation Bill is Bad for Business

This morning Senate Budget and Appropriations Committee is holding a hearing on a bill that would raise taxes on companies and individuals that have been ordered to pay punitive damages. “There’s a reason no other states have a tax like this - it’s a terrible idea,” said Marcus Rayner, President of the New Jersey Civil Justice Institute.

By |2015-06-23T15:35:21-04:00June 23, 2015|News, Press Releases, Top Stories|0 Comments

Senate Committee Taking Up Paid Sick Leave Legislation on Monday

On Monday, June 22, the Senate Labor Committee is holding a hearing on Sen. Weinberg’s (D-37) paid sick leave bill, S785. “As drafted, this paid sick leave bill would create unprecedented liability for New Jersey’s employers and make NJ the only state where an employee can sue over the paid sick leave requirement,” said NJCJI President Marcus Rayner.

By |2015-06-18T20:39:10-04:00June 18, 2015|News, Top Stories|0 Comments

Lawsuits a Big Burden for Small Businesses

Every year since 1963, the President of the United States has issued a proclamation announcing National Small Business Week, which recognizes the critical contributions of America's entrepreneurs and small business owners. This Small Business Week, we’d like to draw your attention to the unique challenges small businesses face from litigation, and some of the reforms we have identified that would ease their burden.

By |2015-05-08T14:49:06-04:00May 8, 2015|News, Top Stories|0 Comments

Appeal Bond Cap a Boon to Maryland Businesses

Putting a limit on the amount of money a businesses has to post as a bond before appealing a decision they disagree with is an issue the New Jersey Civil Justice Institute has been working on for many years. While our legislature fails to act, other states are moving forward on this issue, putting New Jersey at a further disadvantage when it comes to economic development and business growth.

By |2015-05-01T14:17:34-04:00May 1, 2015|News, Top Stories|0 Comments
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