Employment Law Blog


December 4, 2017

Sexual Harassment in the Workplace: How do New Jersey Laws Protect You?

Sexual Harassment in the Workplace: How do New Jersey Laws Protect You? November 30, 2017 Lía Fiol-Matta, Esq., Jennifer Vorih, Esq., and Ty Hyderally, Esq. New Jersey […]
November 30, 2017

Race Discrimination in the N.Y.P.D.

Race Discrimination in the N.Y.P.D. November 27, 2017 Isaac Graff, Esq., Ty Hyderally, Esq., and Chantal Guerriero Race discrimination is not a practice that most people […]
October 23, 2017

“Flexible-Time” Policies:  Not a Way Around the Break-Time Compensation Policy of FLSA Rules the Third Circuit

“Flexible-Time” Policies:  Not a Way Around the Break-Time Compensation Policy of FLSA Rules the Third Circuit October 19, 2017 Isaac Graff, Esq., Ty Hyderally, Esq., and […]
September 28, 2017

Appellate Division Holds That a Volunteer Firefighter is not an “Employee” Protected under CEPA

Appellate Division Holds That a Volunteer Firefighter is not an “Employee” Protected under CEPA September 28, 2017 Francine Foner, Esq., Ty Hyderally, Esq. The Appellate Division recently […]
September 22, 2017

Can I Get Unemployment Benefits if I Leave One Job For Another?

Can I Get Unemployment Benefits if I Leave One Job For Another? September 22, 2017 Jennifer Vorih, Esq., Ty Hyderally, Esq., and Chantal Guerriero It used […]
September 6, 2017

A Contract is a Contract is a Contract: In re County of Atlantic

A Contract is a Contract is a Contract: In re County of Atlantic August 23, 2017 Jennifer Vorih, Esq. Ty Hyderally, Esq. The Supreme Court of […]
August 25, 2017

Appellate Division Holds an Employee Who Resigns His Position Because of a Reduction in Compensation is Not Eligible for Unemployment Benefits

Appellate Division Holds an Employee Who Resigns His Position Because of a Reduction in Compensation is Not Eligible for Unemployment Benefits August 23, 2017 Francine Foner, […]
August 11, 2017

The 3rd Circuit Clarifies the Standard for Hostile Work Environment Claims

The 3rd Circuit Clarifies the Standard for Hostile Work Environment Claims August 10, 2017 Isaac Graff, Esq., Ty Hyderally Esq. and Chantal Guerriero The Third Circuit […]
July 24, 2017

New Jersey Employees Bring Age Discrimination Claim Stemming from AT&T’s Reduction in Force Plan Following $51.1 Million Jury Award for Age Discrimination under the LAD

New Jersey Employees Bring Age Discrimination Claim Stemming from AT&T’s Reduction in Force Plan Following $51.1 Million Jury Award for Age Discrimination under the LAD July 21, 2017 […]
July 20, 2017

Missed Opportunity: Grande v. St. Clare’s

Missed Opportunity: Grande v. St. Clare’s July 18, 2017 Jennifer Vorih, Esq. Ty Hyderally, Esq. The Supreme Court of New Jersey recently affirmed an Appellate Division […]
July 11, 2017

Can an Employer Fire an Employee with a Mental Disability for Violating the Employer’s Code of Conduct?

Can an Employer Fire an Employee with a Mental Disability for Violating the Employer’s Code of Conduct? June 30, 2017 Luis Hansen, Esq. Ty Hyderally, Esq. […]
July 7, 2017

Predictive Scheduling Law Signed in New York; Could New Jersey be Next?

Predictive Scheduling Law Signed in New York; Could New Jersey be Next? June 6, 2017 Isaac Graff, Esq., Ty Hyderally Esq. and Chantal Guerriero On March […]
June 30, 2017

New Jersey Remains At The Forefront Of Paid Family Leave Push

New Jersey Remains At The Forefront Of Paid Family Leave Push June 29, 2017 By:  Sally A. Sattan, Esq., Ty Hyderally, Esq., and Jacqueline Larsen In […]
June 22, 2017

New Jersey District Court Moves Forward on Pool Tipping Case while National Restaurant Association Seeks SCOTUS Ruling on Tip Pooling

New Jersey District Court Moves Forward on Pool Tipping Case while National Restaurant Association Seeks SCOTUS Ruling on Tip Pooling June 21, 2017 Francine Foner, Esq. […]
June 5, 2017

Change Coming Regarding Overtime Compensation?

Change Coming Regarding Overtime Compensation? May 26, 2017 Isaac Graff, Esq. Ty Hyderally, Esq.   Non-exempt employees are required to be compensated for their overtime work.  […]
June 2, 2017

The Scope of Service: Can Courts Hail Parties Into Court by Using Facebook?

The Scope of Service: Can Courts Hail Parties Into Court by Using Facebook? May 31, 2017 Jennifer Vorih, Esq. Ty Hyderally, Esq.   Many New Jersey […]
May 10, 2017

New Jersey Appellate Division Orders Department of Labor to Rewrite Unemployment Definition of Simple Misconduct

New Jersey Appellate Division Orders Department of Labor to Rewrite Unemployment Definition of Simple Misconduct May 5, 2017 Francine Foner, Esq. Ty Hyderally, Esq.   In a […]
April 27, 2017

Good Faith Belief of FMLA Violation Justifies Termination

Good Faith Belief of FMLA Violation Justifies Termination April 27, 2017 Isaac Graff, Esq. Ty Hyderally, Esq.   The Third Circuit recently held that an employer’s […]
April 14, 2017

Appellate Division Holds Jury-Waiver Did Not Encompass CEPA Claim and Narrowly Interprets Employer’s Right to Recover Attorney’s Fees under CEPA

Appellate Division Holds Jury-Waiver Did Not Encompass CEPA Claim and Narrowly Interprets Employer’s Right to Recover Attorney’s Fees under CEPA April 6, 2017 Francine Foner, Esq. Ty […]
April 6, 2017

Public Employees Cannot Claim Political Affiliation Discrimination Under the NJ Constitution, Based on the Political Affiliation of a Relative

Public Employees Cannot Claim Political Affiliation Discrimination Under the NJ Constitution, Based on the Political Affiliation of a Relative March 31, 2017 Jennifer Vorih, Esq. Ty […]
March 24, 2017

Paid Sick Leave in New Jersey

Paid Sick Leave in New Jersey March 23, 2017 Isaac Graff, Esq. Ty Hyderally, Esq. Federal law does not require employers to provide paid sick leave […]
March 20, 2017

Who is an Employee, Who is an Independent Contractor, and Why Does It Matter?

Who is an Employee, Who is an Independent Contractor, and Why Does It Matter? March 17, 2017 Luis Hansen, Esq. Ty Hyderally, Esq.   A common […]
March 13, 2017

District Court May Decide Whether Montclair State University Waived Its Immunity to Suit For LAD Discrimination Claims

District Court May Decide Whether Montclair State University Waived Its Immunity to Suit For LAD Discrimination Claims March 3, 2017 Francine Foner, Esq. Ty Hyderally, Esq. […]
February 28, 2017

What is a Rice Notice, and What Should I Do If I Get One?

What is a Rice Notice, and What Should I Do If I Get One? February 27, 2017 Many New Jerseyans who are public employees, such as […]
February 3, 2017

Third Circuit Recognizes Age Subgroups in ADEA Claims

Third Circuit Recognizes Age Subgroups in ADEA Claims January 31, 2017   The Age Discrimination in Employment Act protects employees over the age of 40 from […]
January 27, 2017

Can an Employer Take an Employee’s Tips?

Can an Employer Take an Employee’s Tips? January 17, 2017   In New Jersey, an employer cannot take away a “tipped-employee’s” tips. Under New Jersey law, […]
December 29, 2016

Emotional Distress Damages

Earlier this year, in late September, the New Jersey Supreme Court issued a ruling that was an enormous victory for employees, and their attorneys, throughout the […]
December 2, 2016

When Does Workplace Bullying Become Illegal Harassment in New Jersey?

A common concern that many employees have is whether they can take legal action against “workplace bullying.” Forbes estimates that up to 75% of workers in […]
November 28, 2016

Mandatory Overtime: Can Employees Refuse to Work Overtime Hours?

The New Jersey State Wage and Hour Law (“NJSWHL”) governs the requirements for the payment of overtime for hours worked in excess of 40 hours in […]
November 18, 2016

New Jersey Workers Can Have Two Employers

Many New Jersey individuals work for more than one employer, even if they have only one job. If you have two employers, one of which treats […]
November 4, 2016

New Jersey Assemblyman Introduces Bill to Prohibit Award of Punitive and/or Non-Economic Damages Against Public Entities and Employees

Although a number of prior attempts to pass similar legislation have failed, a new bill, A4252, was introduced by New Jersey Assemblyman Michael Patrick Carrol (R-Morris) […]
October 10, 2016

English Only Rules: Can An Employer Forbid You From Speaking Another Language at Work?

An increasingly common concern among employees who are bilingual or do not speak English is whether an employer can enforce an “English-Only” policy or rule at […]
September 21, 2016

Recent Whistleblower Retaliation Decision

  The Appellate Division recently affirmed a finding of whistleblower retaliation in a case involving two employees’ objections to their employer’s fraudulent billing practices.  A New […]
August 25, 2016

Jury Duty in New Jersey

While many New Jersey employees are happy, or even eager, to fulfill their civic responsibility to serve on a jury when called, some people live in […]
June 6, 2016

Unemployment Benefits: What You Don’t Know Can Hurt You

New Jersey employees who have been terminated often fail to realize that no unemployment benefits can be paid to them for any week before they actually […]
May 1, 2016

Employers Cannot Have Their Cake and Eat it Too

The New Jersey Appellate Division recently struck down an arbitration provision contained in an employee handbook which included a disclaimer of any contractual relationship between the […]
April 28, 2016

Employment at Will

Understandably, many of our clients and potential clients do not know some of the basics of employment law in New Jersey. Some people feel that they […]
April 15, 2016

Raising Minimum Wage: The Effect on Exempt Employees

On April 4, 2016, the governors of New York and California each signed legislation that will bring their respective state’s minimum wage to $15 per hour[1].  […]
April 1, 2016

Public Unions Land a Major Victory Under Supreme Court’s Split Decision

In a 4 – 4 split decision, the Supreme Court handed a major victory to public unions this week by maintaining the current state of labor […]
March 29, 2016

The Ongoing Debate About Pay Secrecy Policies

Pay Secrecy Policy Equals Gagging the Voices of Employees Equals Potential Legal Exposure Employer policies, such as pay secrecy or pay confidentiality rules have long been […]