CEPA Roundup - July 2014

In recent weeks, New Jersey's primary whistleblower statute—the Conscientious Employee Protection Act ("CEPA")—has been the subject of increased judicial scrutiny.

In Hitesman v. Bridgeway, Inc., 214 N.J. 235 (2014), the New Jersey Supreme Court held that, to assert a claim for retaliation under CEPA based on complaints concerning "improper quality of patient care" or conduct "incompatible with a clear mandate of public policy concerning the public health," a plaintiff must, at a minimum, identify a source of law or other authority that sets forth a standard from which to determine whether there was a reasonable belief the employer engaged in the alleged misconduct.

In Stark v. South Jersey Transit Authority, No. A-1758-11T2, 2014 N.J. Super. Unpub. LEXIS 1150 (App. Div. May 21, 2014), the Appellate Division held (i) that the plaintiffs' illegal recording of a private conversation did not constitute protected activity under CEPA or the Law Against