Employment Law Blog


March 28, 2022

Arbitration Agreements = Yellow Flag

By: Tom Daly, Jennifer Weitz, Esq., and Ty Hyderally, Esq. Arbitration agreements are legally binding contracts that provide an alternative to civil litigation. They are typically […]
March 24, 2022

Beacon of Hope: Appellate Division Rules in Favor of Depression as Disability

By:  Jennifer Vorih, Esq., Aaron Schoenfeld, and Ty Hyderally, Esq. When people think of disability, they often think of things like wheelchairs, white canes, and sign […]
March 8, 2022

Expanded Civil Service Preference for Veterans

By:  Jennifer Vorih, Esq., Aaron Shoenfeld, and Ty Hyderally, Esq. New Jersey’s legislature recently passed Bill A259, which expands civil service preference eligibility for veterans. The […]
March 3, 2022

Wake Up and Smell the…Retaliation?

It started with just one store. As of Twosday, Starbucks employees in 60 stores in 19 states are pushing to have their union recognized as the […]
March 1, 2022

New Jersey Expands Eligibility for Unemployment When a New Job Offer Is Rescinded

By: Tom Daly, Jennifer Weitz, Esq. and Ty Hyderally, Esq. The New Jersey Legislature recently introduced a bill that would expand the time during which an […]
February 17, 2022

Workplace Problems? Tips for Employees Experiencing Issues at Work

By: Francine Foner, Esq. and Ty Hyderally, Esq. Not all issues at work rise to the level of a violation of discrimination or retaliation laws, or […]
February 14, 2022

Customer Review Requirements: Can They Do That?

When a business changes company policy, it’s not unusual for employees to discuss and critique it amongst themselves. Usually, these discussions stay within the workplace. Adjusted […]
February 11, 2022

New Jersey Proposes Changes in the Law to Reflect Increasing Use of Medical Marijuana

By: Tom Daly, Jennifer Weitz, Esq., and Ty Hyderally, Esq. The New Jersey State Legislature has recently introduced a bill that would provide authorized medical cannabis […]
February 8, 2022

NJ Employee to Get Her Day in Court: Federal Judge Strikes Arbitration Provision

By:  Francine Foner, Esq. and Ty Hyderally, Esq. The New Jersey District Court recently struck down a mandatory arbitration provision in an employee’s offer letter because […]
January 28, 2022

The Workers’ Rights Conversation Goes Online: Be Smart About Participating

By: Ashley A. Smith, Esq. and Ty Hyderally, Esq. In our last blog post, we discussed the meteoric rise of r/antiwork, a discussion board on popular […]
January 26, 2022

The Workers’ Rights Conversation Goes Online – and Hits the Mainstream

By: Ashley A. Smith, Esq. and Ty Hyderally, Esq. This time last year, one oddball news item stood out from the doom and gloom. It all […]
January 24, 2022

Employee’s Injury After Work on Employer’s Property = Workers’ Comp Injury!

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. The Supreme Court of New Jersey recently reversed a decision of the Appellate Division, which had held that […]
January 18, 2022

A Textbook Case Alleging Pregnancy Discrimination

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. In Kamara v. Wayfair, LLC, 2022 U.S. Dist. LEXIS 695, the District Court for the District of New […]
January 17, 2022

You’re Not in Canada Anymore….

By:  Francine Foner, Esq. and Ty Hyderally, Esq. Under the FLSA, if an employee works more than 40 hours per week, and is not otherwise exempt […]
January 14, 2022

Sexist Chief = Liable Council for Violation of the Law Against Discrimination – Not the Cat’s paw but the Chief’s paw that matters.

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. In a novel gender discrimination case, the New Jersey Supreme Court recently held that, “actions taken to accommodate […]
January 10, 2022

New York, New Jersey, The New Normal: Making Sense of COVID-19 Workplace Guidance

By: Ashley A. Smith, Esq. and Ty Hyderally, Esq. In touristy parts of the New York metro area, you’ll find wannabe photographers, whole sidewalk-taker-uppers, maddeningly slow […]
January 6, 2022

The Explosive Growth in New Jersey-Based Warehouse Operations Means Workers Require Job Protections

As online shopping continues to grow by leaps and bounds, the role of warehouse employees has received unprecedented attention. From reports of inadequate bathroom breaks to […]
January 4, 2022

NY Employees Welcome Cannabis Testing Guidelines

By: Ty Hyderally, Esq., Francine Foner, Esq., Nina Lucibello Earlier this year, the New York State Marijuana Regulation and Taxation Act (“MRTA”), which legalized the recreational […]
December 30, 2021

Unemployment Appeal May Not Be Denied Unreasonably

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. In a recent decision, the Appellate Division of the New Jersey Superior Court vacated a decision by the […]
December 21, 2021

Why the Buffalo Starbucks Unionization Matters: A Historical Perspective

By: Ashley A. Smith, Esq. and Ty Hyderally, Esq. When just one of more than 15,000 Starbucks locations in the U.S. makes national news, it’s got […]
December 16, 2021

Temp Workers May Finally See Improvements in the Law

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. Temporary workers, who historically have had few legal protections intended specifically for them, are the focus of two […]
December 13, 2021

NY Substantially Increases Whistleblower Protections For Employees … and Others!!!

By: Ty Hyderally, Esq., Francine Foner, Esq., Nina Lucibello New York Governor Kathy Hochul recently signed Senate Bill 4394 into law, amending Section 740 of the […]
December 7, 2021

Victory for Workplace Privacy: New York Passes Electronic Monitoring Law

By: Ashley A. Smith, Esq. and Ty Hyderally, Esq. On November 8, 2021, New York Governor Kathy Hochul signed into law A.430/S.2628 (the “Act”), which requires private employers […]
December 2, 2021

Huge Violations of the NYC Paid Safe and Sick Leave Law Result in Huge Settlements

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. New York City recently announced a multimillion-dollar settlement with two home healthcare companies, resolving violations of the NYC […]
November 22, 2021

New Jersey Is A Step Closer to Protecting Domestic Workers

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. The New Jersey Legislature recently introduced a bill to create the “New Jersey Domestic Workers’ Bill of Rights […]
November 16, 2021

NJ Minimum Wage Increases Continue

By: Ty Hyderally, Esq., Nina Lucibello, Francine Foner, Esq. New Jersey has been on a path to joining other states, like New York, California, Massachusetts, and […]
November 11, 2021

Airport Employees Protected by NYC Paid Safe and Sick Leave Law

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. Recently, New York City announced settlements with two airlines regarding violations of the NYC Paid Safe and Sick […]
November 10, 2021

EEOC Updates Questions and Answers Surrounding Employee Religious Exemptions for COVID-19 Mandates

By: Ty Hyderally, Esq., Francine Foner, Esq. The EEOC publishes “technical assistance” questions and answers on its website to clarify COVID-19 issues arising under Title VII […]
November 8, 2021

Newark Vaccine Mandate for City Employees Upheld by Appellate Division

By: Ty Hyderally, Esq., Jennifer Vorih, Esq., and Nina Lucibello COVID-19 vaccinate mandates are being hotly debated at the moment. With some industries and companies requiring […]
November 3, 2021

Severance for NYC Hotel Workers: An Effort to Restore the Tourism Job Market

By: Ty Hyderally, Esq., Nina Lucibello, Jennifer Weitz, Esq. For a city that never sleeps, New York City is home to approximately 670 individual hotels with […]
November 1, 2021

Are Unvaccinated Healthcare Workers Eligible for Unemployment Benefits?

By: Ty Hyderally, Esq., Nina Lucibello, Francine Foner, Esq. Unemployment benefits are generally awarded to individuals who lose their jobs through no fault of their own, […]
October 26, 2021

The Persistence of Hostile Work Environments (And What to Do About It)

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. As the Jon Gruden emails demonstrate so vividly, hate speech persists in many professional environments. However, the Gruden […]
October 21, 2021

Employees Over 70 Now Protected Under LAD Updates

By: Ty Hyderally, Esq., Nina Lucibello, Francine Foner, Esq. The Law Against Discrimination (“LAD”) is New Jersey’s anti-discrimination law which prohibits discrimination and harassment based on […]
October 19, 2021

Hiring Preference for Workers Who Reach Maximum Medical Improvement

By: Ty Hyderally, Esq., Jennifer Vorih, Esq., and Elana Burk               New Jersey Governor Phil Murphy recently signed into law new legislation amending the NJ Workers’ Compensation […]
October 12, 2021

New York City Food Delivery Workers Start to Gain Protections

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. The New York City Council recently passed a package of bills aimed at improving working conditions for app-based […]
October 7, 2021

NJ Employees May Benefit from Federal Disaster Unemployment Benefits

By: Ty Hyderally, Esq., Nina Lucibello, Francine Foner, Esq. On September 1, 2021, Hurricane Ida swept through New Jersey, destroying many residents’ homes, vehicles, and more. […]
September 27, 2021

A Waiver Doesn’t Necessarily Waive All Rights

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. In a recent unpublished opinion, the Appellate Division underscored that a waiver between two parties may only be […]
September 23, 2021

Feeling Harassed or Targeted in the Workplace? Consider These Dos and Don’ts

By:  Francine Foner, Esq. and Ty Hyderally, Esq. Not everything bad that an employee encounters in the workplace gives rise to a legal claim. However, if […]
September 22, 2021

New York’s “No Wage Theft Loophole Act” Means an Accurate Paycheck for Employees

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. Long-sought-after legislation aimed at closing a judicially-created loophole was recently signed by former Governor Andrew Cuomo. Senate Bill […]
September 20, 2021

How the Union Successfully Challenged Employer Misconduct

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. While unionization continues to be a hot-button issue politically, a recent decision by the United States Court of […]
September 16, 2021

New Jersey Mandates COVID-19 Vaccinations for All State Employees and Teachers

By: Ty Hyderally, Esq., Jennifer Vorih, Esq., and Elana Burk Governor Phil Murphy announced recently that all New Jersey state employees and teachers will be required […]
September 9, 2021

New Jersey Supreme Court Affirms Potential for Substantial Punitive Damages Under the LAD

By:  Francine Foner, Esq. and Ty Hyderally, Esq. Last year we wrote about a notable, albeit unpublished, decision of the New Jersey Appellate Division, which reinforced […]
August 27, 2021

Greater Labor Harmony for New Jersey’s Workers

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. New Jersey is poised to pass legislation that would further improve the landscape for unionized employees. Both houses […]
August 24, 2021

You Can Keep Your Beard . . . Unless It Violates OSHA Regulations

By:  Renee Jiang, Francine Foner, Esq., and Ty Hyderally, Esq. Are employers required to offer a medical accommodation to their employees under the Americans with Disabilities […]
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 […]
February 23, 2021

Breaking the Silence: Confidential Settlements of Employment Claims

By Francine Foner, Esq., and Ty Hyderally, Esq. The Me-Too movement has brought to the forefront the problem with confidentiality provisions in settlement agreements which silence […]
February 17, 2021

Is a Dairy Milk Company Milking its Truck Drivers Out of Overtime Pay?

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. The New Jersey Wage and Hour Law (“NJWHL”) requires employers to pay employees 1.5 times their regular hourly […]
February 10, 2021

Brougher v. Pinterest: A Landmark Settlement in a Gender Discrimination Case

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. In August 2020, Francoise Brougher released a shocking blog post titled, “The Pinterest Paradox: Cupcakes and Toxicity” […]
February 3, 2021

Growing Recognition of Implicit Bias

By Francine Foner, Esq., and Ty Hyderally, Esq. What is “implicit bias”?  In a bill proposed in March 2020 to address implicit bias in prenatal care, […]
January 29, 2021

Montclair Teachers Scheduled to Return to the Classroom Pre-Vaccination: Must they Risk their Lives for their Livelihoods?

By: Jennifer Vorih, Esq. and Ty Hyderally, Esq. For Montclair teachers, parents, students, and school staff, it’s been a long haul since March 16, 2020, when […]
January 27, 2021

New Administration Aims to End Mandatory Arbitration and Non-Compete Agreements

By Francine Foner, Esq., and Ty Hyderally, Esq. With the election of Joe Biden, and the Democrats having regained control of the Senate, a number of […]
January 26, 2021

Biden Swiftly Overturns Ban on Transgender Individuals Serving in the U.S. Military

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. Although the induction of the Biden administration was just last week, the new administration has swiftly set […]
January 20, 2021

Nurses and Hospital Workers – You Have Protections!

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. It’s no secret that employees in the health care industry have been hit hard over the past […]
January 19, 2021

Whistleblower Wins His Day in Court!

By Francine Foner, Esq., and Ty Hyderally, Esq. Thomas Brodowski, formerly a Vice President of Administrative Services at Hudson County Community College, reported various activities which […]
January 12, 2021

Hoboken’s Police Chief Gets Another Shot at Proving his Whistleblowing Claim

By: Jennifer Vorih, Esq. and Ty Hyderally, Esq. In a January 7, 2021 decision, the New Jersey Appellate Division reversed the summary judgment dismissal of Anthony […]
January 11, 2021

Food Workers in NY – You have Rights!!!!

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. On December 17, 2020, amendments to New York’s Fair Work Practices Code (the “Code”) were passed which […]
January 8, 2021

Judge’s Baffling Jury Instruction Wins Whistleblower a New Trial

By Francine Foner, Esq., and Ty Hyderally, Esq. When can a judge’s faulty jury instruction result in a new trial?  That is what the Appellate Division […]
December 29, 2020

Is My Employer’s Arbitration Agreement Valid?

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. Arbitration agreements have taken over employment contracts by storm in recent years.   Although often not considered by […]
December 21, 2020

Hostile Work Environment Claims Against Lakewood Township Are Going to a Jury!

By Francine Foner, Esq., and Ty Hyderally, Esq When do racist or sexist remarks in the workplace amount to a hostile work environment under the New […]
December 15, 2020

NJ Whistleblowers Claim Employer Used COVID-19 As an Excuse to Terminate Them

By Chantal N. Guerriero, Esq., and Ty Hyderally, Esq. In the employment law world, it is certainly not unique for an employer to create an excuse […]
December 11, 2020

Surprise! A Religious School Firing Someone Because She is Pregnant is Pregnancy Discrimination!

By: Jennifer Vorih, Esq. and Ty Hyderally, Esq. In a recent case, the New Jersey Appellate Division – for a second time – reversed the granting […]
June 29, 2023
NJ employment law disability discrimination and NJ LAD

Jury to Decide New Jersey Employee’s Disability Discrimination and Retaliation Claims

By:  Ty Hyderally, Esq., Francine Foner, Esq., and Adela Barbura Recently, in Craytor v. CTOS, LLC, 2023 U.S. Dist. LEXIS 94358, 2023 WL 3735883 (D.N.J. May […]
June 27, 2023
NJ employment law for tenured teachers

Employment Law Update: NJ Teachers Beware! Part II: Before They Go, Let Them Know…

By: Nisha S. Talati, Esq. and Ty Hyderally, Esq.  Recently, the New Jersey Supreme Court considered the Appellate Division’s decision upholding the award of benefits to […]
June 22, 2023
pride parade Montclair NJ 2023 ty hyderally

Montclair Celebrates Pride!

By:  Ty Hyderally, Esq., and Jennifer Vorih, Esq. Hyderally & Associates, P.C., helped celebrate Pride in Montclair last weekend! It was a beautiful day for people […]
June 12, 2023
age discrimination NJ 2023

NJ Worker Gains Opportunity for Age Bias Lawsuit Hearing

By: Francine Foner, Esq. and Ty Hyderally, Esq.              The New Jersey District Court recently denied a national media company’s effort to throw out a claim […]
June 7, 2023
employment discrimination in the age of artificial intelligence

Preventing Employment Discrimination in the Age of AI: EEOC Offers Guidance

By: Francine Foner, Esq. and Ty Hyderally, Esq. Can an employer’s Artificial Intelligence (“AI”) screening tools result in a claim of unlawful discrimination? The EEOC believes […]
May 1, 2023
annual pay and overtime new laws

Not All High Earners Are Exempt from Overtime Pay

By: Thevuni Athalage, Francine Foner, Esq. and Ty Hyderally, Esq. You might think that employees who are highly compensated are never entitled to overtime pay. However, […]
March 30, 2023
remote work here to stay

Remote Work is Here to Stay!

By: Thevuni Athalage, Francine Foner, Esq. and Ty Hyderally, Esq. Made common by the COVID-19 pandemic, remote work has seemingly transformed the workplace for the better. […]
March 16, 2023
abc test bad for real estate salespeople

ABC Test No Good for Real Estate Salespeople

By:  Ty Hyderally, Esq., Jennifer Vorih, Esq., and Tom Daly Recently, a New Jersey Appellate Panel clarified that the widely used “ABC Test” for distinguishing employees […]
March 9, 2023
NJ law protects temporary workers

New Jersey Creates Permanent Protections for Temporary Laborers

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. On February 6, 2023, the New Jersey Legislature passed legislation providing protections for temporary laborers. The bill is […]
February 23, 2023
NJ CEPA law

If you need to self-quarantine due to Covid – You have employment protections under the law!

By: Francine Foner, Esq. and Ty Hyderally, Esq.   Does an employee who is terminated for quarantining due to potential exposure to Covid-19, pursuant to CDC […]
February 3, 2023
federal protection for pregnant workers under the Pregnant Workers Fairness Act

Pregnant and Nursing Workers Finally See Federal Job Protections

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq.   Included in the spending bill Congress passed at the end of 2022 were two bills designed to […]
February 1, 2023
federal trade commission bans non-compete agreements

Federal Trade Commission Proposes Ban on Non-Compete Agreements

By:  Ty Hyderally, Esq., Francine Foner, Esq., and Tom Daly On January 5, 2023, the Federal Trade Commission (“FTC”) released a Notice of Proposed Rulemaking to […]
January 30, 2023
NJ minimum wage increase 2024

New Jersey Continues Minimum Wage Increases: $15 per hour by 2024

By:  Ty Hyderally, Esq., Jennifer Vorih, Esq., and Tom Daly New Jersey has joined 23 other states in raising its state minimum wage for hourly workers […]
January 9, 2023
COVID-19 testing against religious beliefs; NJ law

When Mandatory COVID-19 Testing Conflicts with an Employee’s Sincerely Held Religious Belief: The Employer May Have a Duty to Accommodate The Employee

By: Francine Foner, Esq. and Ty Hyderally, Esq. Can an employer be required to allow an employee a reasonable accommodation of working from home because of […]
January 5, 2023
New York no-fault attendance policy

New York Outlaws No-Fault Attendance Policies at Work

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. Governor Kathy Hochul recently signed into law a bill that would prohibit employers throughout the state from punishing […]
December 29, 2022
facial recognition software; unlawful discrimination MSG

Facial Recognition Technology Provides Avenue to Refuse Service

By:  Ty Hyderally, Esq., Jennifer Vorih, Esq., and Tom Daly. James Dolan, CEO of MSG Entertainment, has recently faced backlash for denying entry to two attorneys […]
December 26, 2022

NJIT Police Officer Can Use Special Arbitration to Appeal Termination

By:  Ty Hyderally, Esq., and Jennifer Vorih, Esq. Gregory DiGuglielmo worked as a police officer for the New Jersey Institute of Technology (NJIT). On August 26, […]
December 22, 2022

Employees with Medical Issues Have an Easier Road to Navigate In the New Jersey Work World

By: Ty Hyderally, Esq. and Francine Foner, Esq. When does an employee’s disability prevent that employee from being able to perform their essential job functions? That […]
December 20, 2022

New Year, New Minimum Wage in New Jersey

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. Effective January 1, 2023, New Jersey’s minimum wage will increase to $14.13 per hour, a change of $1.13 […]
December 15, 2022

Forced Arbitration of Sexual Harassment Claims Has Been Dealt a Blow — More to Come with Other Types of Employment Claims

By: Ty Hyderally, Esq. and Francine Foner, Esq. As discussed in an earlier blog, Governor Philip D. Murphy signed into law Bill S-121 on March 18, […]
December 13, 2022

The Law Against Discrimination May Be Getting Even More Powerful!

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. New Jersey’s Law Against Discrimination, already one of those most robust anti-discrimination laws in the country, is the […]
November 23, 2022

Employer Obligations Regarding Mass Layoffs and Plant Closings

By:  Ty Hyderally, Esq., Jennifer Vorih, Esq., and Tom Daly   Elon Musk purchased Twitter on October 27, 2022, paying $44 billion to make the company […]
November 21, 2022

Proposed Modifications to the Implications of Drug Testing of Employees

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. After February 22, 2021, when New Jersey legalized recreational marijuana use for adults over the age of 21, […]
November 18, 2022

New Jersey Lawmakers Approve Revised Law Enhancing Unemployment Process

By: Ty Hyderally, Esq. and Francine Foner, Esq. This past June, New Jersey lawmakers unanimously passed a law with bi-partisan support, Senate Bill S2357 (A3830), intended […]
November 7, 2022

NLRB Affirms that Employers Cannot Bypass Union During Contract Negotiations

By:  Ty Hyderally, Esq., Francine Foner, Esq., and Tom Daly. The National Labor Relations Board (NLRB) recently affirmed the decision of Newark Administrative Law Judge, Benjamin […]
November 3, 2022

New Jersey Employee Voting Rights

By:  Ty Hyderally, Esq., Jennifer Vorih, Esq., and Tom Daly. With the November 2022 General Election right around the corner, employees in New Jersey should brush […]
November 1, 2022

Lawsuit: Ex-Union City worker says she faced retaliation after reporting sexual harassment

Originally posted on: https://hudsoncountyview.com/lawsuit-ex-union-city-worker-says-she-faced-retaliation-after-reporting-sexual-harassment/ By John Heinis/Hudson County View The 17-page, six-count lawsuit, filed in Hudson County Superior Court last Friday, says that Norah Del Campo worked […]
October 31, 2022

Third Circuit Holds FLSA Protections Extend to Anticipated Class Action Members

By:  Ty Hyderally, Esq., Jannifer Vorih, Esq., and Tom Daly. Last month, the Third Circuit handed down an employee-friendly ruling in Uronis v. Cabot Oil & […]
October 28, 2022

Proposed Bill Would Restrict Restrictive Covenants in New Jersey

By:  Ty Hyderally, Esq., Francine Foner, Esq., and Tom Daly. The New Jersey State Assembly is considering a bill that would significantly limit the enforcement non-compete […]
October 26, 2022

NYC’s Pay Transparency Law – Coming Soon

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. New York City’s Pay Transparency Law is about to go live. As of November 1, 2022, all employers […]
October 21, 2022

Domestic Workers May Soon Be Protected

By:  Ty Hyderally, Esq., and Jennifer Vorih, Esq. It is memorable that the New Jersey’s Law Against Discrimination (the “LAD”) was signed into law over seventy-seven […]
October 17, 2022

Chipotle Appears to be in Hot Water Over Numerous Employment Challenges in Numerous States…

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. Restaurant chain Chipotle recently reached a $7.75 million settlement with New Jersey to address years of child labor […]
October 14, 2022

New Jersey Healthcare Workers Gain Additional Job Protections

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. The coronavirus pandemic prompted a (perhaps newfound) awareness of and appreciation for the people employed by the healthcare […]
September 20, 2022
nj employment law

Great Ruling to Protect NJ Employees From Being Misclassified – When It Comes to Employees and Contractors, Employers Need to Learn Their ABCs!

By:  Ty Hyderally, Esq., and Jennifer Vorih, Esq. Employers sometimes misclassify their workers as independent contractors rather than as employees, either inadvertently or purposefully, in order […]
September 19, 2022
nj whistleblower law protects employees

Wine Supplier’s Illegal Activities Uncorked by Employee – The NJ court rules, Employee is a protected Whistleblower!

By:  Ty Hyderally, Esq., Francine Foner, Esq   The New Jersey Appellate Division recently considered three key issues under New Jersey’s whistleblowing statute, the Conscientious Employee […]
September 15, 2022
nj whistleblower law in texas

New Jersey Whistleblowing Statute May Cover Employee Living and Working in Texas

By:  Ty Hyderally, Esq., Francine Foner, Esq Stephanie Halliday lived and worked in Texas for New Jersey-based Bioreference Laboratories, Inc. as the night clinical supervisor at […]
August 19, 2022

An End to Forced Arbitration in Sexual Harassment & Discrimination Cases?

By:  Ty Hyderally, Esq., Jennifer Vorih, Esq., and Isaac Lee. Most lawsuits do not ever go to trial, let alone reach a verdict. In fact, according […]
August 12, 2022

New York Moves to Expand Warehouse Worker Protections

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. New York may be the next state to codify greater workplace protections for warehouse workers. The Warehouse Worker […]
August 11, 2022

NJ Nurse can pursue her FMLA and disability discrimination claims against her former employer – Kennedy University Hospital!

By:  Ty Hyderally, Esq., Francine Foner, Esq On May 4, 2009, Amy Foster (Foster), a registered nurse, began working for Kennedy University Hospital, Inc. (d/b/a Jefferson […]
August 9, 2022

Appellate Division Finds NJ Teacher Entitled to Her Day in Court

By:  Ty Hyderally, Esq., Francine Foner, Esq., and Tom Daly From January 2014 to June 2017, Nkemdilum Okakpu (Okakpu) was employed as a full-time non-tenured elementary […]