NJ Employment Law Changes (2021): Medical and recreational marijuana issues, and misclassification of employees as independent contractors

Jennifer Mora
Jennifer Mora
Seyfarth Shaw

Jennifer Mora is a Senior Counsel at the Century City office of Seyfarth Shaw and a key member of the firm’s Workplace Compliance Solutions Group. Her practice is focused on the delivery of proactive, pragmatic solutions that help clients avoid litigation and develop internal compliance initiatives.

Sean Kirby
Sean Kirby
Sheppard, Mullin, Richter & Hampton LLPs

Sean Kirby is a special counsel in Sheppard, Mullin, Richter & Hampton LLPs the Labor and Employment Practice Group in the firm's New York office. Sean's practice encompasses the defense of single plaintiff and class action discrimination, wrongful discharge, and wage/hour claims, in addition to employment contract, restrictive covenant, whistleblower, sexual harassment, and related claims.

Live Video-Broadcast: October 26, 2021

NJ Employment Law Changes (2021): Medical and recreational marijuana issues, and misclassification of employees as independent contractors
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Program Summary

Session I- New Jersey Medical and Recreational Marijuana Laws - Jennifer Mora

As marijuana laws continue to sweep the nation, many employers are left wondering how their current hiring, employment and drug testing practices might be affected. In this webinar, we will review which marijuana laws impact employers and discuss key areas on which employers need to focus when it comes to staying compliant in the evolving legal landscape.

Key Topics:

  • Medical and recreational marijuana at the state level, including an overview of states with laws and those that are considered employee-friendly
  • Drug testing considerations, including a short overview of some unique state policy requirements

Session II – Efforts to eliminate the misclassification of employees as independent contractors - Sean Kirby

Since taking office, New Jersey Governor Phil Murphy has prioritized eliminating misclassification of employees as independent contractors. In furtherance of this goal, Governor Murphy recently signed four bills into law which make it easier for the state to (i) identify employers who misclassify employees as independent contractors, and (ii) penalize employers for such misclassification. This course will analyze New Jersey’s efforts to eliminate misclassification of employees as independent contractors, the laws recently enacted in furtherance of this effort, and the effect of such laws on companies who utilize independent contractors as part of their workforce.

Key Topics:

  • New Jersey Governor Phil Murphy’s efforts to eliminate the misclassification of employees as independent contractors
  • The four new laws recently enacted in New Jersey aimed at eliminating misclassification of employees as independent contractors
  • How the new laws will affect companies who utilize independent contractors

This course is co-sponsored with myLawCLE.

Date / Time: October 26, 2021

  • 1:00 pm – 2:50 pm Eastern
  • 12:00 pm – 1:50 pm Central
  • 11:00 am – 12:50 pm Mountain
  • 10:00 am – 11:50 am Pacific

Choose a format:

Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.

On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are viewable for up to one year.

Closed-captioning available

Speakers

Jennifer Mora_Seyfarth Shaw_myLawCLEJennifer Mora | Seyfarth Shaw

Jennifer Mora is a Senior Counsel at the Century City office of Seyfarth Shaw and a key member of the firm’s Workplace Compliance Solutions Group. Her practice is focused on the delivery of proactive, pragmatic solutions that help clients avoid litigation and develop internal compliance initiatives. Jennifer also is a nationally recognized expert on employment-purposed background checks, and regularly advises employers and consumer reporting agencies on the intersection of federal and state background check laws, including the Fair Credit Reporting and state law equivalents, Title VII of the Civil Rights Act, state and local ban the box laws and state fair employment laws. She also regularly advises clients on compliance with medical and recreational marijuana laws as well as federal and state drug-free workplace and drug-testing issues, including compliance with Department of Transportation-mandated programs.

Sean Kirby_Sheppard, Mullin, Richter & Hampton LLPs_myLawCLESean Kirby | Sheppard, Mullin, Richter & Hampton LLPs

Sean Kirby is a special counsel in Sheppard, Mullin, Richter & Hampton LLPs the Labor and Employment Practice Group in the firm’s New York office. Sean’s practice encompasses the defense of single plaintiff and class action discrimination, wrongful discharge, and wage/hour claims, in addition to employment contract, restrictive covenant, whistleblower, sexual harassment, and related claims. He regularly represents clients in labor and employment litigations in federal and state courts, in arbitrations before the American Arbitration Association and the Financial Industry Regulation Authority, and in proceedings before various administrative agencies, including the Equal Employment Opportunity Commission, the U.S. Department of Labor and state agencies throughout the United States.

Sean also counsels domestic and international clients on day-to-day workplace employment issues such as the preparation, administration, and enforcement of personnel policies, hiring procedures, reductions-in-force, severance and termination strategies, employee discipline, disability, leaves of absence, wage/hour law, compliance with anti-discrimination laws, the labor election process, and the extraterritorial application of U.S. laws. Sean regularly drafts and negotiates employment, separation, non-compete, and non-solicitation agreements. He also conducts discrimination and harassment prevention trainings, as well as investigations into harassment allegations, whistleblower complaints, and other employment matters. Finally, Sean defends disability access discrimination claims under the Americans with Disabilities Act and New York State and City accessibility standards. He has experience in matters ranging from architectural barrier access cases to cutting edge disability access claims involving websites, and other new media. His experience includes representing several national restaurant chains, retail establishments, and other businesses.

Agenda

Session I- New Jersey Medical and Recreational Marijuana Laws
I. Medical and recreational marijuana at the state level | 1:00pm – 1:20pm
II. Drug testing considerations | 1:20pm – 1:40
III. Issues for regulated employers | 1:40pm – 2:00pm

Break | 2:00pm – 2:10pm

Session II – Efforts to eliminate the misclassification of employees as independent contractors
IV. Overview of New Jersey independent contractor laws | 2:10pm – 2:20pm
V. An analysis of the four new laws recently enacted in New Jersey aimed at eliminating misclassification of employees as independent contractors | 2:20pm – 2:35pm
VI. An analysis of the effect such new laws will have on companies who utilize independent contractors as part of their workforce | 2:35pm – 2:50pm