Conscientious Employee Protection Act

Norris v. Harte-Hanks, Inc., et al. – The Third Circuit ruled that Pennsylvania employment law, not New Jersey’s, governs in diversity action brought in New Jersey. The plaintiff was employed in Pennsylvania, even though she performed some work in New Jersey, lived in New Jersey, and claimed wrongful discharge based on whistle-blowing about alleged fraud committed by a subcontractor in New Jersey.

Potential Amendment to New Jersey’s Conscientious Employee Protection Act (CEPA)

The New Jersey Senate has passed bill (S-1886) that enhances the rights and remedies of employees who disclose or refuse to participate in fraudulent employer practices pursuant to the Conscientious Employee Protection Act (CEPA), New Jersey’s “whistleblower” statute.

Zero Tolerance Drug Abuse Policy

Citgo Asphalt Refining Co. v. The Paper, Allied-Industrial Chemical, and Energy Workers Intl. Union Local No. 2-991 – A Third Circuit panel reversed the District Court’s confirmation of a labor arbitrator’s decision that CITGO’s zero tolerance drug abuse policy was unreasonable because it did not offer a second chance or rehabilitation opportunities to an employee who tested positive on a random drug test.

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