If there's 1 thing in life that's about as guaranteed as the sun rising, It's the NJ Department of Labor and/or OSHA awarding victory to an employee over an employer. I can't speak for all states, as they are all different, but NJ is notoriously pro-employee rights. I've been involved in a number of labor issues over the years as an employee and have that knowledge first hand. It doesn't matter if you have terms clearly presented and signed in a contract, if they even get a whiff of something being against their rules they will come in like a hurricane. If I saw a question asking if I used tobacco on an application, I could just shoot that on over to the DoL and let them do their thing.This is true; however, where the legal system is concerned, there is quite a lot of grey area. Even set-in-stone laws can be no match for a crafty legal team, and when it comes to the persecution of tobacco, any given state will have a veritable squad of them at hand. State of Washington = Exhibit A.
Also, I should have expounded a little bit. When I mentioned the word "cost," I didn't just mean financial. I also meant the cost in energy and time. It's no secret that lawyers have an affinity for dragging out the process, and even in the rare instance of a victory (for the "good guys"), recovering legal costs is about as easy as keeping a bowl of Molto Dolce lit during a Category 5 hurricane.
Lastly, I will say that there's no such thing as an "easy" case. For obvious red, spiky, microscopic reasons, many courts are overwhelmed with thousands of pending legal cases right now which are just getting postponed indefinitely, even quite serious ones. I was just reading earlier this week of a woman whose son was wrongfully arrested, and died in police custody. Her lawsuit is nearing the two year mark, with no resolution in sight due to the postponements. Richard Pryor once said, "You go to the courthouse looking for justice, and that's what you'll find: just us!"
Merely my two cents.
I was once awarded several hundred dollars for a case I didn't start, and didn't want to be a part of, when I was a contractor. I put in writing, signed, that I understood my terms of employment and that I sided with my employer in his defense against the DoL. Surprise check in the mail a few months later. $$$
Government departments can't stay in business if they can't collect fines. They can't collect fines if they don't enforce their labor laws and side with companies. NJ will never turn down a fine or tax if they think they can get it. That's also why I never expect to see tobacco disappear in this state so long as they can levy taxes on it. They are already gearing up on their payday for the legalization of marijuana and the taxes they can collect.