How Thryv Expanded NLRB Make-Whole Remedies In NJ

raising group complaints about wages or workplace safety

acting together with coworkers regarding working conditions, known as concerted activity

speaking out in ways that may overlap with whistleblower conduct

How Consequential Damages Changed Labor Board Remedies Under NJ Law

Credit-card interest and late fees that accumulate after a missed paycheck

Early withdrawal penalties from retirement accounts

Loss of a vehicle or home after missed loan or mortgage payments

Out-of-pocket medical expenses after losing employer-provided health coverage

Childcare and transportation expenses tied to the disruption

Additional items added in later guidance, such as unreimbursed tuition, utility charges, legal fees from eviction proceedings, and immigration-related costs

Remedies Beyond Back Pay and Where New Jersey Stands&nbsp;

Thryv has not been overturned by the Board.

The Third Circuit does not currently support enforcement of the expanded remedies.

Federal courts disagree about whether those remedies are lawful.

The Board lacks a quorum and cannot issue a new precedent for now.

Several unresolved legal problems continue to cloud the future of the expansion.

What New Jersey Workers Need to Know About Make-Whole Remedies

The NLRB's Expanded 'Make-Whole' Remedies: New Money Damages NJ Workers Can Recover Beyond Back Pay

What New Jersey Applicants Should Know About Mobley v. Workday

In July 2024, the court denied Workday's motion to dismiss, allowing the disparate-impact claims to move forward under an agency theory.

On May 16, 2025, the court granted preliminary certification of a nationwide collective under the Age Discrimination in Employment Act. The group includes applicants aged 40 and older who applied for jobs through Workday and were denied employment on or after Sept. 24, 2020.

In July 2025, the court expanded the collective to include applicants screened through HiredScore, an AI recruiting product acquired by Workday.

On March 6, 2026, the court rejected Workday's argument that the ADEA protects only current employees and does not extend to job applicants.

When AI Hiring Vendors Face Liability for Screening Decisions in NJ

The tool screens, scores, ranks, or filters applicants.

It recommends some candidates and rejects others.

It performs a function the employer handed off to it.

Its output influences or determines who advances.

It applies one uniform system across many different employers.

What AI and Third-Party Screening Lawsuits Mean for NJ Job Seekers

The Limits of Current Law on Discriminatory Hiring Algorithms

The Significance of Mobley Moving Forward

Mobley v. Workday and NJ Job Seekers: Can You Sue the AI Hiring Software Itself for Discrimination?

The Four Elements of Intentional Infliction of Emotional Distress in New Jersey

The employer acted intentionally or recklessly. It meant both to do the act and to cause emotional distress, or it acted in deliberate disregard of a high probability that distress would follow.

The High Standard for Extreme and Outrageous Employer Conduct in NJ

An ongoing pattern of severe abuse rather than an isolated incident

Conduct that targets a known vulnerability, such as a recent death or a medical condition

An abuse of real authority over the worker, where the power imbalance sharpens the harm

Why Severe Emotional Distress Matters in an IIED Workplace Claim

Workplace Barriers to Extreme and Outrageous Conduct Claims in New Jersey

What Employees Should Know Before Pursuing an IIED Claim

Intentional Infliction of Emotional Distress by NJ Employers: The High Bar for This Workplace Claim

The Laws Governing Religious Vaccine Exemptions in New Jersey

Title VII applies to employers with 15 or more employees and is enforced by the federal Equal Employment Opportunity Commission.

The NJLAD applies to all New Jersey employers regardless of size and is enforced by the state Division on Civil Rights.

How Employers Evaluate Religious Beliefs in Vaccine Accommodation Cases

Statements that conflict with the claimed belief.

Other facts that call sincerity into question.

How Groff Changed the Analysis of Religious Objections to Vaccine Mandates

The cost of the accommodation in relation to the employer's size and operating budget.

The number of employees who would require the same compromise.

The distance between worksites when the employer operates from multiple locations.

Common Accommodations for Religious Vaccine Exemptions in New Jersey

Using regular testing in place of a vaccination requirement.

Reassigning the employee to an equivalent position that does not involve a demotion.

Providing protective equipment that reduces the risk of transmission.

New Jersey Remedies for Improperly Denied Religious Accommodations

Religious Vaccine Exemptions in NJ Workplaces: How Far Employer Accommodation Must Go

How Federal Law Shapes On-Call Pay in New Jersey

The 40-hour mark that triggers overtime at one and one-half the regular rate

The minimum-wage calculation for the week

When Waiting Time Counts as Compensable Work in New Jersey

How far the worker has to stay from the worksite

How quickly the worker has to respond once a call comes in

How often calls arrive during an on-call period

When the worker is free to trade or swap on-call shifts

Whether the worker can handle ordinary personal activities while on call

Why On-Call Compensation Rules Apply to Healthcare and IT Workers in New Jersey

Misclassifying support and help desk staff as exempt to avoid paying overtime

Treating heavily restricted remote on-call time as unpaid because the work happens from home

Understanding On-Call Pay Under New Jersey Law

The lookback period for unpaid-wage claims is six years in New Jersey, compared with two years under federal law, or three years for a willful violation. A New Jersey worker reaches back further to recover unpaid hours.

Under the state's wage-theft amendments, an employer that owes back wages is liable for liquidated damages of up to 200% of the unpaid amount, on top of the wages themselves.

On-Call Pay for NJ Healthcare and IT Workers: When Waiting Counts as Working

How New Jersey Evaluates Physician Non-Compete Agreements

Protecting patient lists and confidential business information

Preserving established patient and referral relationships

Securing the practice's investment in training the doctors

Why Patient Access Affects a Non-Compete Case When a Doctor is Leaving Practice in NJ

The demand for the specific services in the area

Whether other doctors nearby provide the same care

Whether the region is medically underserved

The disruption to patients already under the physician's care

Understanding Healthcare Non-Compete Enforceability in New Jersey

Legal Considerations for Doctors Leaving a Practice in New Jersey

Review the provision before signing, while there is still room to negotiate the terms.

Discuss the duration, geographic scope, and whether existing patients can continue treatment.

Consider negotiating a buyout option or salary continuation if the restriction remains in place.

Keep records showing how and why the employment relationship ended, particularly if the departure was not voluntary.

Evaluating Non-Compete Obligations Before a Practice Change

Physician Non-Competes in NJ Healthcare: Special Rules for Doctors Leaving a Practice

How Change-in-Control Clauses and Golden Parachute Provisions Operate in New Jersey

A merger or consolidation that shifts voting control away from existing shareholders.

The sale of substantially all company assets.

The acquisition of a specified percentage of company stock or voting power.

A significant turnover in board membership over a designated timeframe.

Cash severance equal to one to three times base salary plus target bonus

Accelerated vesting of stock options, restricted stock units, and performance share units

A pro-rated annual bonus for the year of separation

Continued health benefits for 12 to 36 months, sometimes through employer-paid COBRA premiums

Outplacement services, indemnification continuation, and tail directors-and-officers (D&amp;O) coverage

How Triggers Apply to Golden Parachute Agreements for NJ Executives

A real cut in title, authority, duties, or reporting line

Forced relocation beyond a set distance (30 to 50 miles is common)

A material breach of the agreement by the company

A new owner refusing to take on the agreement

Section 280G and How It Impacts Executive Severance Negotiations in New Jersey

Best-net cutback: Payments are reduced below the tax threshold, but only if doing so leaves the worker with more money after taxes.

Gross-up: The company pays the executive enough additional compensation to cover the excise tax.

Modified gross-up: The company covers the tax if payments exceed the threshold by a specified amount.

Shareholder approval: Certain private companies can avoid Section 280G altogether if shareholders approve the arrangement after receiving the required disclosures.

New Jersey Drafting Priorities for Change-in-Control and Severance Agreements

Continue full salary during garden leave.

Limit geographic restrictions to places where the executive worked in the last two years.

Provide notice within 30 days of the law becoming effective.

Reducing or eliminating noncompete restrictions if the executive is separated during the CIC protection period.

Providing full salary and benefits during any noncompete period that still applies.

Limiting non-solicitation to direct contact with specific customers, with carve-outs for general advertising and ordinary hiring.

Including non-disparagement language consistent with the New Jersey Law Against Discrimination, which protects employees from being silenced about harassment or discrimination claims.

Change-in-Control and Golden Parachute Clauses in NJ Executive Contracts: What to Negotiate

How Section 409A Affects Deferred Compensation Agreements in NJ

A fixed date or schedule chosen at the time of deferral.

An unforeseeable emergency meeting narrow criteria.

When Taxes and Penalties Are Applied to Deferred Comp in New Jersey&nbsp;

Deferred compensation becomes taxable earlier than expected.

A 20% federal penalty tax applies in addition to ordinary income taxes.

Interest charges accrue from the date the compensation was first deferred.

An executive has $500,000 in deferred compensation scheduled to be paid over five years.

A drafting mistake causes the arrangement to violate Section 409A.

Instead of being taxed over time as the payments are received, the entire $500,000 becomes taxable in the year it vests.

An additional 20% penalty tax adds another $100,000 on top of ordinary federal and New Jersey income taxes.

Interest charges are then calculated back to the original deferral date.

Common Drafting Mistakes That Create Section 409A Problems for NJ Executives

Release periods that extend across two calendar years.

Unclear or incorrect definitions of "separation from service."

Payment triggers tied to events that Section 409A does not recognize.

Missing six-month payment delays for certain employees of public companies.

Provisions that allow payments to be accelerated or delayed outside the permitted rules.

Installment severance arrangements that are unintentionally treated as deferred compensation.

Section 409A Exemptions for Executive Severance and Deferred Pay in New Jersey&nbsp;

A lump sum paid within two and a half months after the vesting year, under the short-term deferral rule.

Involuntary-separation pay within the dollar and timing limits of the separation-pay exception.

Payment on a fixed, unchangeable schedule with no employee election.

Release timing is worded so it cannot include two tax years.

Section 409A and Deferred Compensation in NJ: How Bad Drafting Can Cost You a Fortune in Taxes

Why Unpaid Commissions Still Count as Wages After Quitting a Job in New Jersey

Commission: a set percentage or amount tied directly to a sale the worker made. It is a wage.

Supplementary bonus: a discretionary reward calculated separately from sales, such as a year-end thank-you payment.

Earned Commissions and Recovery Rights in New Jersey

New Jersey Rules for Earned Commissions in Final Paycheck

Penalties for Unpaid Commissions and the Separate Rules for NJ Independent Representatives

Employee: the Wage Payment Law applies. A successful employee may recover up to three times the unpaid amount when liquidated damages are awarded, along with attorney's fees and potential personal liability for company owners. Payment is due by the next regular payday.

Independent representative: the Sales Representatives' Rights Act applies. The law gives companies 30 days after contract termination to pay the worker. Missing the deadline can result in treble damages and attorney's fees.&nbsp;

Earned but Unpaid Commissions After You Quit in NJ: How to Recover What You're Owed

Understanding Draw Against Commission Arrangements in New Jersey

Recoverable draw: an advance the worker repays out of future commissions. It works like an interest-free loan against earnings, and the deficit carries forward until commissions cover it.

Non-recoverable draw: a guaranteed minimum the worker keeps even when commissions never catch up. It works as a floor rather than a loan, and the worker owes nothing back.

How Commission Advance and Clawback Disputes Are Determined in New Jersey

Negative Commission Balances and Minimum Wage Protections in New Jersey

Off-the-Clock Work, Draw Recoveries, and Wage Rights in NJ

When NJ Employers Seek Commission Advance Repayment After Termination&nbsp;

A final paycheck is reduced or zeroed out to recover a draw balance.

The last earned commission withheld to cover an unearned draw.

A demand letter or collection threat for a negative balance after the worker leaves.

A signed agreement claiming the worker owes the draw on departure.

Deductions that drop the final paycheck below the minimum wage for hours worked.

Employment Law Insights & Resources

Recent Posts