New Jersey employers face new legal exposure following a May 26, 2026 court decision allowing private lawsuits for cannabis-based hiring decisions. While pre-employment drug testing for cannabinoid metabolites remains permissible, employers must carefully evaluate…
Posts by Category: New Jersey
New Jersey Appellate Division Rules Employees and Job Applicants Can Sue Employers Under CREAMMA for Cannabis-Related Hiring Discrimination
The New Jersey Appellate Division held that private social media posts can be discoverable in litigation when they are relevant to the claims at issue. In Davis v. Disability Rights New Jersey, a former employee alleging wrongful termination and emotional distress was…
New Jersey: Court Rules Police Officers Can’t Be Fired for Off-Duty Cannabis Use
Police officers’ off-duty use of cannabis is not grounds for termination, according to a decision issued by the Superior Court of New Jersey, Appellate Division. Representatives from the Jersey City Police Department sought to uphold an officer’s firing,…
The Fix Is In: New Jersey Tweaks Its Privacy Law
New Jersey recently amended its comprehensive state privacy law, adopting changes similar to other state privacyupdates. The revisions, which took effect upon the governor’s signature, adjust definitions and exemptions in the law.Notably, the updates expand the types…
NJ State Police Agree to Clear Expungements In 120 Days
The New Jersey State Police have agreed to process expungement orders within 120 days, resolving a lawsuit over yearslong delays that left 46,000 orders unprocessed. The backlog grew after marijuana legalization increased expungement requests. Mediated by retired…
NJ Bank Sued by Job Applicants Over Credit Reports
New Jersey’s Valley National Bank is facing a putative class action in federal court after violating the federal fair credit reporting law when the company obtained consumer reports on job applicants without first informing the candidates. The suits seek damages…
NJ Adopts Final Regulations on Criminal Background Inquiries
New Jersey has promulgated its final ban-the-box regulations, clarifying the law passed on March 1, 2015, which severely restricted public and private employers with 15 or more employees from inquiring into an applicant’s criminal background at the beginning of the…
New Jersey Issues New Ban-the-Box Regulations
The New Jersey Department of Labor and Workforce Development (NJDOL) has adopted regulations for the Opportunity to Compete Act, the state Ban-the-Box Law, clarifying many questions, including the Act’s impact on businesses with multistate operations. The new…
The Supreme Court of New Jersey Narrows the State’s Expungement Statute
N.J.S.A 2C: 52-2(a) permits the Superior Court to expunge convictions of certain classes of offenses under certain enumerated circumstances. As one example, the applicant seeking the remedy must have been “convicted of a crime,” but “…not convicted of any prior…
Fair Credit Reporting Act (FCRA) Preempts Tortious Interference Claim, Says NJ Court
The Fair Credit Reporting Act specifically contains a provision that bars state law claims against employers who “furnish information” to CRAs. In a recent decision-Saget v. Wells Fargo Bank, N.A., No. 2:13-03544(WJM), 2014 WL 4494801 (D.N.J. Sept. 10,…






