1. By Tracy A. Armstrong, Esq.
What’s New?
By Tracy A. Armstrong, Esq.
March 28, 2018

2. What’s New?
On January 8, 2018, Governor Christie signed a law which amends New Jersey’s Law Against Discrimination (“LAD”) to include breastfeeding and expressing milk as a protected class.

3. Nursing Mom Policy Breastfeeding employees shall receive:
Milk Expression Breaks:
Breastfeeding employees are provided with reasonable break time to express milk during work hours. Such break time will be provided each time the employee needs to express milk for up to one (1) year after the child's birth. Break time that may be needed beyond the usual break times may be unpaid, if permitted by state law, or the employee may elect to use personal leave or make up the time as negotiated with her supervisor.
A Place to Express Milk:
The practice will make a private room (not a toilet stall or restroom) available for employees to express milk. The room will be private and clean, and have an electrical outlet. If employees prefer, they may express milk in their own private offices.
Employees who wish to express milk during the work day shall keep supervisors informed of their needs so that appropriate arrangements can be made for the employee and the practice.
If there are any questions or concerns about this policy, please contact the Human Resources Department for assistance.

4. What’s Old is New
Sexual Harassment is still prohibited in the workplace, even if you “didn’t mean anything” or that is “just how the person acts.” Have a policy and provide training!

5. What Does the Future Hold?
New Jersey is considering a law restricting or prohibiting prospective employers from questioning applicants about their salary history.
Legalizing Marijuana and the effect on the workplace.
Limiting provisions in and enforceability of restrictive covenants (NJ S3518 and NJ A5261).
More retaliation claims-again the most highest percentage of cases filed in the EEOC were retaliation cases.

6. Tracy A. Armstrong, Esq. Shareholder, Wilentz, Goldman & Spitzer, P.A.|
Tracy Armstrong is a member of the Employment Law team at Wilentz. She has over twenty five years’ experience representing employers across industry sectors in all aspects of federal and state labor and employment law.
An experienced litigator, Ms. Armstrong brings strategic insight to both the legal and commercial ramifications of complex and dynamic employment law concerns involving: the New Jersey Law Against Discrimination (LAD), the Conscientious Employee Protection Act (CEPA), the Fair Labor Standards Act (FLSA), New Jersey Wage Payment laws, the Family Medical Leave Act (FMLA), the New Jersey Family Leave Act (NJFLA), the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) and other employment laws and regulations. Her extensive experience appearing before regulatory boards (such as the Wage and Hour Board and Department of Unemployment) informs her understanding and her approach as a trusted legal advisor to her clients, helping them navigate compliance with all applicable laws.
Ms. Armstrong defends employers against claims and helps  businesses of all sizes in New Jersey, and elsewhere, to proactively and appropriately address employment law concerns. She has experience and particular proficiency in the following:  employee handbooks, anti-harassment and EEO policies, employment contracts, non-compete agreements and restrictive covenants and confidentiality agreements.  Ms. Armstrong also guides her clients thorough the often sensitive and potentially challenging matters of termination and severance. 
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