Ty Hyderally

Employment Law Blog


March 21, 2016

Court Addresses Venue Selection In Wrongful Termination Suit

An employee who decides to sue a former employer for unlawful termination must not only determine what potential claims he or she may have against the […]
March 10, 2016

No, Your Boss Can’t Make You See a Psychiatrist Just Because Someone Said You’re Unstable

NJ Appellate Division: Employer Violated ADA by Ordering Fitness for Duty Examination The New Jersey Appellate Division recently held that the Township of Lakewood violated the […]
February 8, 2016

Employment and Marital Status Discrimination

New Jersey Supreme Court To Decide Whether Employer’s Discharge Of An Employee Because Of The Anticipated Effect Of The Employee’s Imminent Divorce On The Workplace Violates New […]
December 3, 2015

Can an employer simply ignore a male employee going around and hugging female employees?

Appellate Division Relies Upon Aguas To Dismiss Claims Of Sexual Harassment Without Giving Due Consideration To Reasonableness Of Victim’s Delay In Formally Complaining Can an employer […]
November 13, 2015

“No-Tipping” Policy Is Not The Solution To Pay Equity For Servers

In July, we wrote about a class action against Houlihan’s restaurant in which servers challenged the restaurant’s tip pooling policy as illegally sharing tips with non-servers. […]
October 29, 2015

Family and Medical Leave Act Requires Employers to Give Employees an Opportunity to Cure Deficient Medical Certifications

Qualifying New Jersey employees have job protection under the United States Family and Medical Leave Act (“FMLA”), in case they need to take time off work […]
October 15, 2015

VETERANS AFFAIRS (“VA”) EMPLOYEES: Targets of Retaliation

“You are killing me” – The parting words of Christopher Kirkpatrick (“Kirkpatrick”), a 38 year-old clinical psychologist at the Veterans Affairs (VA) facility, in Tomah, Wisconsin, […]
October 9, 2015

Whistleblower Protection in New Jersey Gets a Boost!

Employees and their advocates can rejoice in a recent New Jersey Supreme Court decision:  Joel S. Lippman, M.D. v. Ethicon, Inc. and Johnson & Johnson, Inc. […]
September 24, 2015

New Jersey Supreme Court to Consider State Employers’ Immunity from Employee ADA Claims

If you work for New Jersey or one of its entities, you may be barred from pursuing a claim under the Americans with Disabilities Act (ADA) […]
September 17, 2015

Employees Allowed to Criticize Their Employers In Emails and Social Media

Are you allowed to criticize your boss or place of employment in a mass email or on Facebook?  The answer is yes, if your speech falls […]
September 10, 2015

If You Lose a Job You Love, Do You Have to Take Any Old Job?

New Jersey employees who lose their jobs, whether they are fired or laid off, usually want to receive unemployment compensation for the time they are searching […]
August 24, 2015

Civil Service Employees’ Right to Attorney’s Fees Not Precluded by Voluntary Dismissal

Laws affecting employees often contain fee shifting provisions which provide that the “prevailing party” is entitled to be paid for their attorney’s fees and costs. That […]
August 7, 2015

Disability: Frequently Asked Questions

Many New Jersey workers who are dealing with temporary or permanent disabilities have questions about whether they can take time off work, and still be able […]
July 16, 2015

Houlihan’s “Tip Pooling” Policy Challenged in Class Action

Working as a server in a restaurant is appealing to many employees because of the potential to increase their earnings through tips.  Presumably, the hope of […]
July 1, 2015

More Workers Will Soon Be Eligible for Overtime

Things are looking up for low-to mid-wage workers who are paid a salary and thus do not receive overtime pay. The United States Department of Labor […]
June 25, 2015

The Challenges of Breastfeeding in the Workplace

Despite the passage of The Patient Protection and Affordable Care Act of 2010 (PPACA), women who wish to continue breastfeeding after returning to work still face […]
June 18, 2015

The EEOC Must Answer To The Judiciary Regarding Its Efforts To Settle Discrimination Cases Prior To Filing Suit

The EEOC’s duty to settle cases before filing suit in federal court is subject to judicial review, the Supreme Court recently held. Mach Mining, LLC v. […]
June 11, 2015

Can Your Boss Really Track Your Movements Every Minute of Every Day?

Many employers are keeping tabs on their employees in new and different ways. For instance, many employees who drive as part of their work duties have […]
June 4, 2015

Can you Be Fired for Transitioning at Work?

While Bruce Jenner can actually earn money because he is transitioning, or announcing that he is transitioning, most transsexuals cannot. In contrast, many transsexuals who are […]
April 23, 2015

New Jersey Gay Conversion Therapy Ban Survives Constitutional Challenges

New Jersey’s relatively recent ban on gay conversion therapy for minors went into effect on August 19, 2013 (the “Act”).[1] The Act was passed after numerous […]
April 8, 2015

Employees Challenge Termination Based Upon Their Personal Text Messages

When private employees exchange text messages using their personal phones, outside of the workplace, and on their own time, should the content of those text messages […]
March 23, 2015

Mandatory Paid Sick Leave Arrives in Montclair NJ

Montclair New Jersey passed a paid sick leave ordinance in November, 2014. Thus, as of March 4, 2015, Montclair employers are required to provide paid sick […]
March 9, 2015

Mitigation of Damages

In employment discrimination cases, the issue of damages is often central in our client’s minds.  A successful plaintiff in such cases can receive back pay, front […]
February 19, 2015

Iqbal, Shmiqbal: Have the “New” Pleading Standards Really Made a Difference in Employment Litigation?”

1st Circuit In the First Circuit, a few cases set the stage for interpreting Twombly and Iqbal in employment law pleadings. In Manning v. Boston Med. […]
February 13, 2015

On-Demand: It’s Not Just for Television Anymore

On-demand services seem to be all the rage. You’ve probably heard of, if not used, Uber, the on-demand taxi service.  With Uber, you can have a […]
February 6, 2015

Employment Law – The Cost of Safety

The Americans with Disabilities Act (ADA) is a federal law that protects disabled individuals from discrimination not only in employment but also in places of public […]
January 29, 2015

America’s Workers Sick of Not Being Able To Take Paid Sick Days

There is as of yet no federal paid sick leave law in the United States, which is the only developed country in the world that does […]
January 23, 2015

Blowing The Whistle On Your Employer In New Jersey

For years, New Jersey has had one of the strongest laws in the country protecting whistleblowers in the workplace. The New Jersey Conscientious Employee Protection Act, […]
January 16, 2015

What are Your Rights as a Breastfeeding Mother in New Jersey?

While the New Jersey Law Against Discrimination was recently amended to specifically include pregnancy discrimination, there is no current statutory law in New Jersey which provides […]
November 22, 2014

New Jersey Takes Pregnancy Discrimination Seriously

Pregnancy can be a physically demanding time. You may find you have more trouble standing for a full shift. You may need to take extra-bathroom breaks, […]
September 22, 2014

Sexual Harassment in the Workplace

Every employee feels unhappy at work sometimes. Bosses and coworkers may frustrate and irritate you. However, some workplace behavior crosses the line such as in the […]
August 24, 2014

Big Changes for New Jersey Whistleblower Law

New Jersey’s whistleblower statute, the Conscientious Employee Protection Act (“CEPA”), N.J.S.A. 34:19-1 protects employees against retaliation if they choose to disclose a policy or practice of […]
July 12, 2014

Pay Docking for Salaried Employees – Employers and Employees, Beware!

If a salaried employee is late for work, can the employer dock that employee’s pay to account for the missed hours? In most cases, the answer […]
June 7, 2014

Employer Discrimination Against Individuals with a Criminal Record

“Have you ever been convicted of a crime?” Traditionally, employers ask this question on job applications to screen out applicants. Checking the “yes” box in response […]
May 6, 2014

PPP – Pregnancy People Protected

Finally, New Jersey joins other states in protecting pregnant women. It is really shocking that a state like ours which has such broad remedial statutes did […]
April 2, 2014

Facebook Could Cost You $$

On February 28, 2014, Yahoo published an article entitled “Daughter’s Facebook Brag Costs Her Family $80,000.” The title itself sounds horrifying, especially since most parents consistently […]
March 14, 2014

Getting “High” on the Job – Medical Marijuana and the Workplace

The first Medical Marijuana dispensary in New Jersey opened in Montclair, NJ over a year ago. The initial legalization of marijuana undoubtedly raised concerns among employers, […]
February 24, 2014

A Dollar More, Still Not a Wage?

In November of 2013, New Jersyians flocked to the polls and ultimately decided that the minimum wage just wasn’t cutting it. The citizens of the Garden […]
January 10, 2014

Bridgegate

Recently, New Jersey has been thrust into the national spotlight due to Bridgegate – the Chris Christie George Washington Bridge (“GWB”) scandal. On January 9, 2014, […]
August 23, 2021

Employment Law for Employees

By: Ty Hyderally, Esq., and Jennifer Vorih, Esq. As employment litigators, we often speak with employees – or former employees – who might have been better […]
August 17, 2021

In An Agreement, Both the Words that Appear and the Words that Don’t Appear Matter

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. In Borough of Carteret v. Firefighters Mutual Benevolent Association, Local 67, 2021 N.J. LEXIS 642, the New Jersey […]
August 12, 2021

New York City Expands Worker Protections Under Its “Ban the Box” Law

By:  Renee Jiang, Francine Foner, Esq., and Ty Hyderally, Esq. On July 29, 2021, amendments to New York City’s Fair Chance Act (FCA) — also known […]
August 11, 2021

Black Women’s Equal Pay Day

By: Ty Hyderally, Esq., Jennifer Vorih, Esq., and Elana Burk August 3, 2021 was Black Women’s Equal Pay Day. This day signifies the amount of time […]
August 9, 2021

Governor Murphy Takes Action Against Employee Misclassification

By:  Francine Foner, Esq. and Ty Hyderally, Esq. Back in May 2018, we reported on Governor Phil Murphy’s creation of the Employee Misclassification Task Force, aimed […]
August 6, 2021

New Jersey Wants to Vote Out Harassment in Politics

By: Jennifer Weitz, Esq. and Ty Hyderally New Jersey’s Law Against Discrimination provides robust protections to residents of the state against discrimination in the workplace and […]
July 30, 2021

Advice to Pro Se Litigants: Choose Your Forum Carefully

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. If a plaintiff recovers a modest amount in small claims court for nonpayment of wages, does this bar […]
July 16, 2021

Getting Rid of Non-Compete Agreements???? Maybe!!!

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. The White House recently announced plans to issue an executive order aimed at increasing competition in the job […]
July 12, 2021

Welcome Decision for New Jersey Misclassified Workers

By:  Francine Foner, Esq. and Ty Hyderally, Esq. As discussed in a prior blog, in 2015 the New Jersey Supreme Court held that the test for […]
July 9, 2021

Montclair Passes Gender-Neutral Bathrooms Ordinance

By:  Ty Hyderally, Esq., Jennifer Vorih, Esq., and Elana Burk On June 22, 2021, Montclair’s Township Council passed legislation instituting new protections for transgender and nonbinary […]
July 7, 2021

Even a Little Offensive Language in the Workplace Is Too Much

By: Jennifer Weitz, Esq., and Ty Hyderally, Esq. How many instances of offensive speech are needed to claim a hostile workplace environment under the LAD? If […]
June 25, 2021

OSHA Issues Emergency Temporary Standards Related to COVID-19

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. On June 10, 2021, the Occupational Health and Safety Administration (OSHA) issued its first Emergency Temporary Standard in […]
June 24, 2021

New Jersey’s Older Workers to Gain Greater Protections

By:  Francine Foner, Esq., Renee Jiang and Ty Hyderally, Esq. New Jersey employees facing age discrimination may soon be on more equal footing with employees facing […]
June 18, 2021

Another Big Win for Disabled Employees in NJ!

By Francine Foner, Esq. and Ty Hyderally, Esq. The New Jersey Supreme Court championed the rights of disabled employees in a case we discussed in an […]
June 16, 2021

Great News for Employees at Newark Airport and Newark Airport Train Terminal

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. New Jersey Governor Phil Murphy signed the Healthy Terminals Act on April 29, 2021.  The Act expands access […]
June 11, 2021

NY HERO ACT: First Workplace Airborne Infectious Disease Prevention Law

By:  Renee Jiang, Francine Foner, Esq., and Ty Hyderally, Esq. On May 5, 2021, Governor Andrew Cuomo signed into law the New York Health and Essential […]
June 8, 2021

Welcome Decision for Victims of Hostile Work Environment Sexual Harassment

By:  Francine Foner, Esq., and Ty Hyderally, Esq. If in response to an employee’s rejection of her supervisor’s sexual advances, the supervisor tells the employee to […]
June 4, 2021

Goodbye, Mask Mandate, Hello, Summer!

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. On May 24, 2021, New Jersey Governor Phil Murphy will be dropping several mandates related to the COVID-19 […]
May 28, 2021

An Arbitration Claim Goes To Litigation – A Great Victory For Employees

By:  Francine Foner, Esq., and Ty Hyderally, Esq. Does your employer need to sign an arbitration agreement requiring that employment disputes be arbitrated, rather than decided […]
May 24, 2021

Can I Be Fired for Getting Vaccinated??

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. New Jerseyans may have heard of a private school in Florida which recently announced a policy against teachers […]
May 17, 2021

Can an Employer Rescind Your Job Offer Due to Sudden Disability?

By: Nina Lucibello, Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. In February 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) filed suit against Saint Clare’s […]
May 13, 2021

DOL Rule Restores Employee Wage Protections

By:  Francine Foner, Esq., and Ty Hyderally, Esq. On May 5, 2021, the Department of Labor (DOL) announced it was overturning a rule established during the […]
May 12, 2021

Covid-19 Hate Crimes Act: A Plan to “Stop Asian Hate”

By: Nina Lucibello, Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. Since the beginning of the COVID-19 pandemic, hate crimes against Asian Americans have drastically risen.  […]
April 29, 2021

Misclassified Employees Secure Tasty Settlement

By:  Francine Foner, Esq. and Ty Hyderally, Esq. Federal and state wage laws are designed to ensure that employees who are covered by the wage laws […]
April 28, 2021

Workers Compensation Can Pay for Medical Marijuana

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. The New Jersey Supreme Court recently affirmed that an employer must pay for medical marijuana prescribed for its […]
April 26, 2021

Proposed Amendments to the LAD: More Protections for Employees

By: Nina Lucibello, Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. The New Jersey Legislature is currently considering a proposal by Senate Majority Leader Loretta Weinberg, […]
April 22, 2021

Advocates Working Up a SWEAT to Pass New York Wage Theft Law

Under existing New York law, even if an employee is successful in obtaining a judgment against an employer for unpaid wages, he or she may still […]
April 19, 2021

ARPA: More Than Just a Stimulus Check!

By: Nina Lucibello, Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. In March 2021, President Biden signed the American Rescue Plan Act (“ARPA”) into law, a […]
April 15, 2021

NJ’s Recreational Marijuana Law Protects Employees Against Adverse Employment Actions – But it’s Not A License to be High at Work

By:  Renee Jiang, Francine Foner, Esq., and Ty Hyderally, Esq. The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA” or the “Act”), signed […]
April 14, 2021

NJLAD Preempted by the FAA: What Does This Mean for Employees?

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. On March 25, 2021, the U.S. District Court for the District of New Jersey issued a ruling […]
April 13, 2021

Can My Employer Really Fire Me for Protesting?

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. 2020 was a very tumultuous year, and 2021 started off with a violent insurrection.  Many employers terminated employees […]
April 12, 2021

New Rules in Sight for New Jersey Family Leave

By Francine Foner, Esq., and Ty Hyderally, Esq. The recently enacted American Rescue Plan Act of 2021, signed by President Biden on March 11, 2021, does […]
April 7, 2021

Montclair Pre-K and Elementary Schools to Reopen April 12, 2021

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. Montclair Public Schools began remote learning over a year ago.  Remote learning and in-person instruction during the pandemic […]
March 30, 2021

“She-Cession” — Will Affordable Childcare Bring Women Back to the Workplace?

By Renee Jiang, Francine Foner, Esq., and Ty Hyderally, Esq. The economic downturn caused by the COVID-19 pandemic has impacted women disproportionately.  More than 12 million […]
March 29, 2021

A Win for Pregnant Workers!

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. As discussed in an earlier blog (November 23, 2020), the New Jersey Supreme Court recently heard a case […]
March 15, 2021

COVID-19 is Making a Case to Bring Back Women to the Workforce

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. March is Women’s History Month, and this year, more than ever, it is important to recognize the […]
March 12, 2021

Attention Pregnant Employees! Pregnant Workers Fairness Act May Finally Pass After Eight Years of Debate

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. The Pregnant Workers Fairness Act (“PWFA”) was first introduced eight years ago, in 2012, and has since […]
March 8, 2021

Lesson for New Jersey Boards of Education: Unemployment Benefits Do Not Offset Back-Pay Awards in Tenure Cases

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. The New Jersey Appellate Division recently clarified that back-pay which is due to tenured teachers is not offset […]
March 5, 2021

New Jersey’s LGBT Married Couples May Soon Breathe a Sigh of Relief

By Renee Jiang, Francine Foner, Esq., and Ty Hyderally, Esq. On February 9, 2021, New Jersey lawmakers introduced a marriage equality bill seeking to codify same-sex […]
February 25, 2021

Can Your Employer Force You to take the COVID-19 Vaccine?

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. Since the long-awaited COVID-19 vaccine has arrived, many people have begun to question whether their employers are […]