By: Brandon C. Goldberg, Esq. 

On August 12, 2014, Governor Christie signed the Opportunity to Compete Act into law. Commonly known as "ban the box "legislation, the law prohibits New Jersey public and private employers from inquiring about a job applicant's criminal history during the "initial employment application process." Once an applicant has completed the first interview stage, then the employer may proceed into a regular background check. The employer can also still rely on the results of the background check in making a hiring decision; all that has changed is the timeframe when the check can actually occur. Employers also cannot advertise that applicants for a position will not be considered if they have been arrested for or convicted of a crime or offense.

 

Employers with less than 15 employees do not need to comply with this law, which becomes effective on March 1, 2015. Additionally, the law does not apply when a background check is required by law for a position.

 

Violation of the law can result in civil penalties ranging from $1,000 for the first violation to $10,000 for the third and any subsequent violation. However, the law does not permit the applicant him or herself to bring a private cause of action against the employer. Only the state civil penalties can be levied.

 

If you have any questions regarding ban the box legislation, please contact Brandon Goldberg, Esq. at 609-454-5351 or bgoldberg@barmak.com. 

While it is well known that health care staff members can only speak English in front of patients and residents (unless they're serving as a translator), questions often arise about staff members speaking other languages when no patients or residents are around. Other staff members unable to understand the language sometimes feel uncomfortable, and they may complain to a supervisor. The question that arises most often is: can an employer require employees to only speak in English, regardless of who is around them? The answer favors flexibility for the employer to set whatever policies are most appropriate for that company.

 

The standard for being able to regulate language in a company is the "business necessity" rule. Employers cannot create an English only environment simply because they want to, or because they want to target particular employees. However, employers who wish to regulate language for a legitimate business necessity can do so. A common example of such a necessity would be fostering better relations among employees. Such a rule would have to apply to all foreign languages. Regulating the use of only one language could be problematic. Even if all employee complaints centered on a single foreign language, a broad policy would best protect employers from accusations of discrimination. A cohesive workforce is critical to the success of any company, and the law gives employers the ability to regulate languages to meet that end.

  

If you have any questions regarding language policies, please contact Brandon Goldberg at 609-454-5351 or bgoldberg@barmak.com.