NJ Passes Medical Marijuana Act - How Will Employers/Employees be Affected?
New Jersey passed the Compassionate Use Medical Marijuana Act which will be effective in July 2010. This staute is intended to “protect from arrest, prosecution, property forfeiture, and criminal and other penalties, those patients who use marijuana to alleviate suffering from debilitating medical conditions, as well as their physicians, primary caregivers, and those who are authorized to produce marijuana for medical purposes.” The statue may create new issues for employers who conduct drug testing of employees and employees that use marijuana pursuant to the statute. The statute does not allow employees to use marijuana while at work. However, it is silent regarding the refusal to hire, termination or suspension of employees that use marijuana legally pursuant to statute. Case law will certainly develop in this area in New Jersey relating to the Law Against Discrimination and the Americans with Disabilities Act. Contact Castronovo & McKinney, LLC if you would like guidance on complying with the Compassionate Use Medical Marijuana Act. Dated: January 20, 2010 Conan O'Brien's Severance Agreement
Date: January 19, 2010 Conan O'Brien is said to receive $32.5 million as part of a Severance Agreement and to not compete with NBC until September 2010. The remaining $7.5 million will go in severance pay to about 200 of Conan's "Tonight Show" employees. Read more. AOL Severance Agreements
AOL Inc. on Monday started laying off employees and said it would close some European offices, after failing to reach its goal of cutting about a third of its staff through a voluntary buyout program. About 1,100 employees accepted the buyout package, offered in December and aimed at cutting some 2,300 jobs. Volunteers received three to nine months' pay and other benefits, depending on rank, according to a person familiar with the situation. Employees who are laid off involuntarily will receive a package of one to four months' pay and other benefits, this person said. That leaves AOL with about 1,200 more jobs to eliminate. A spokeswoman said the cuts will be across the board. Please contact us in the event you have been offered a severance package by AOL.
Pfizer Severance Packages
Pfizer Inc. said it began sending notices Monday to the 680 workers at two former Wyeth facilities whose jobs are being eliminated. The New York pharmaceutical company, which acquired Wyeth for $68 billion last year, intends to eliminate 450 jobs effective March 12 at the Collegeville, Pa., site that formerly served as Wyeth’s pharmaceutical headquarters. Our firm has handled numerous Change-In-Control agreements on behalf of former Wyeth employees. Moreover, we are very familiar with the Pfizer severance packages. Please contact us in the event you have been offered a severance package by Pfizer or a Change-In-Control Agreement from Pfizer/Wyeth. Date: January 18, 2010
|
|
New Jersey Signs Bill Including Autism as a Protected Characteristic in the NJ Law Against Discrimination
Autistic adults and children will be protected from discrimination. The bill amends New Jersey’s law against discrimination so that autism disorders are recognized causes of disabilities. “Autistic residents will now receive the same protections as other disabled citizens from discrimination in access to housing, employment and public accommodations such as theaters, stores and restaurants,” Senator Kean said. “New Jersey is known for opening doors of opportunity for all its disabled residents,” Senator Kean said. “This bill’s passage shows that legislators of both parties can and do work together to build a more compassionate New Jersey.” Senator Kean and Democratic Senator Joe Vitale of Woodbridge, chairman of the Senate Health, Human Services and Senior Citizens Committee, were co-prime sponsors of the legislation. Paul Castronovo Quoted in Star Ledger regarding Sexual Discrimination and Sexual Harassment
N.J. appeals court ruling expands protections against sexual discrimination, harassmentBy Sue EpsteinJanuary 06, 2010, 5:57PMNEW BRUNSWICK -- New Jersey laws barring sexual harassment and discrimination apply not only to employer-employee relationships, but also to business owners and their clients, a state appeals court ruled today. The three-judge panel ruled unanimously that the female owner of a tire distributor in Middlesex County could sue United Rentals North America Inc. after one of the rental company’s branch managers pulled the firm’s business after she rejected his sexual advances. "The quid pro quo sexual harassment alleged in the complaint, if legally permitted, would stand as a barrier to women’s ability to do business on an equal footing with men," the judges said in a ruling which legal experts called rare application of the state Law Against Discrimination. Paul Castronovo, a Morristown attorney who specializes in harassment and discrimination cases, said there are two other rulings in New Jersey, in 2003 and 2005, in which courts said discrimination laws cover business dealings between independent contractors, but neither involved sexual harassment. Castronovo said it is "very rare" to have a discrimination case between two companies doing business together. "This decision applied existing law to a slightly different factual context (than the other two cases)," he said. The attorney for the plantiff said the decision will "open some doors" for business owners who believe they have been sexually harrassed or discriminated against. Eileen Tortorello, the owner of J.T.’s Tire Service Inc., in South Plainfield, filed suit against United Rentals North America Inc. and its Piscataway branch manager, Harold Hinkes, in January 2008, alleging Hinkes stopped buying tires from the firm after she refused his sexual advances. United Rentals sought to have the lawsuit dismissed, arguing sexual harassment is prohibited only in a workplace environment. In addition, the company, while acknowledging that the facts in the case are true, said they did not rise to the level of sex discrimination. Further, the appellate decision said, United Rental argued "women business owners do not need protection against sexual harassment by those with whom they do business." Superior Court Judge Edward Ryan, sitting in New Brunswick, agreed with United Rentals and dismissed the complaint within weeks of its filing. Tortorello appealed and the three-judge panel today overturned the lower court ruling. "We find no merit in any of these arguments," the judges said. "While we respect the appellate division panel that heard this case, we strongly disagree with their ruling," Fred Bratman, a spokesman for United Rentals, said in a satement. "We believe the trial court was correct and we are considering all available options, including an appeal to the New Jersey Supreme Court." Elizabeth Zuckerman, the attorney who represented Tortorello, said she was thrilled with the decision. "My client is very happy and I am very happy," Zuckerman said. "I think this decision will open some doors for our clients." Zuckerman said she believes the appellate court’s decision widens protections against discrimination in an area that had not been fully explored until now. |
