Employment Law Blog


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 […]
July 22, 2022

Before They Go, Let Them Know…

By:  Ty Hyderally, Esq., Jennifer Vorih, Esq., and Isaac Lee In a recent case, the New Jersey Appellate Division upheld the tenure rights of a public […]
July 13, 2022

NJ Lawmakers Unanimously Support Measure Making Unemployment Process Fairer for Employees

By:  Ty Hyderally, Esq., Francine Foner, Esq. The federal Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020, when […]
July 11, 2022
Restrictive Covenants

Restrictive Covenants May Be Restricted

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. A restrictive covenant is an agreement imposed by an employer, under which a potential or departing employee agrees […]
June 29, 2022

Non-Disparagement Provision Does Not Equal Don’t Speak about the Discrimination

By:  Ty Hyderally, Esq., Francine Foner, Esq., and Tom Daly. New Jersey courts have endeavored to uphold the notion that discriminatory behavior has no place in […]
June 25, 2022

New Jersey Strengthens Employee’s Privacy Law!

By: Isaac Lee, Jennifer Weitz, Esq., and Ty Hyderally, Esq. The New Jersey State Legislature has passed legislation prohibiting an employer’s use of a tracking device […]
June 15, 2022

Is it Time for New Jerseyans of all Sizes to be Protected?

By:  Francine Foner, Esq. and Ty Hyderally, Esq. New Jersey ‘s anti-discrimination law is one of the strongest such laws in the country. Yet it fails […]
June 13, 2022

Before You Post That…

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. In case anyone needed a reminder of the fraught nature of posting on social media, the New Jersey […]
June 9, 2022

New Jersey Educators Have Protections… Even Without Tenure!

By:  Ty Hyderally, Esq., Jennifer Vorih, Esq. and Tom Daly. S993 was passed into law in 2020, amending NJSA Chapter 13A, the Employer-Employee Relations Act (§§ […]
June 6, 2022

Religious Accommodations at Work: ITS NOT A BLACK OR WHITE QUESTION!

By: Ty Hyderally, Esq. and Francine Foner, Esq. Can your employer require you to work on the Sabbath where that would conflict with your religious beliefs? […]
June 2, 2022

Proposed Amendments Could Make New Jersey’s Law Against Discrimination Even Stronger

By: Tom Daly, Jennifer Weitz, Esq., and Ty Hyderally, Esq. A recently introduced bill in the New Jersey Legislature would amend the Law Against Discrimination to […]
May 25, 2022

If You’re Thinking of Getting High While Operating a Bulldozer…

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. As many in the Garden State are undoubtedly aware, New Jersey recently decriminalized the sale and use of […]
May 20, 2022

Leveling the Playing Field in NYC: Salary Range Disclosures Aimed at Fostering Equal Pay for Equal Work

By: Ty Hyderally, Esq. and Francine Foner, Esq. NYC job seekers can now have greater assurance that they will know the salary range of positions posted […]
May 18, 2022

Crossed WIREs: New Jersey’s Marijuana Legalization and the Workplace

By: Ashley A. Smith, Esq. and Ty Hyderally, Esq. April 21, 2022 marked the beginning of legal recreational marijuana sales in New Jersey for adults 21 […]
May 16, 2022

Can Your Refrigerator Replace the Office Bulletin Board?

By:  Jennifer Vorih, Esq., Tom Daley, and Ty Hyderally, Esq. While it may seem that the pandemic precipitated the work-from-home movement, Americans had already been demonstrating […]
May 10, 2022

Non-Competes Should be Taken Seriously – But They Can Be Defeated!!

By: Ty Hyderally, Esq. and Francine Foner, Esq. Many employees are required to sign a “non-compete” agreement, which places restrictions for some time period on the […]
April 22, 2022

Despite All Odds, the Amazon Labor Union Prevails

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. The coronavirus pandemic created enormous changes in how we live our daily lives, from wearing masks in public, […]
April 20, 2022

Mandatory Sexual Harassment Training for NY Employees May Be Also Required for New Jersey Employees

By:  Francine Foner, Esq. and Ty Hyderally, Esq. On the heels of recent New York legislation mandating that employers in New York State establish a sexual […]
April 13, 2022

Mandatory Arbitration Language Held to be Unenforceable – A Great Win for Employees!!

By:  Jennifer Vorih, Esq., Tom Daley, and Ty Hyderally, Esq. Employee handbooks are a common tool in today’s workplace. They promote consistency in an employer’s treatment […]
April 5, 2022

President Biden Signs Landmark Ban on Mandatory Arbitration of Sexual Assault and Sexual Harassment Claims

By: Ty Hyderally, Esq., Francine Foner, Esq., and Tom Daly This February, the U.S. House of Representatives passed, and the U.S. Senate approved, a bill to […]
March 31, 2022

Hair to Stay? The CROWN Act Heads to the U.S. Senate

By: Ashley A. Smith, Esq. and Ty Hyderally, Esq. We live in challenging times. The COVID-19 pandemic still manifests, war in Europe casts a long shadow […]
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 […]
February 9, 2024
NJ employees leave FMLA

New Jersey Employees Who Need to Take Leave Have Options!

By: Ty Hyderally, Esq., Jennifer Vorih, Esq., and Adela Barbura   New Jersey employees who need to take leave for their own medical condition or to […]
February 8, 2024
New York employee privacy social media accounts

New York Restricts Employers’ Access to Employees’ Social Media Accounts

By: Ty Hyderally, Esq., Francine Foner, Esq., and Adela Barbura   Protecting employees’ social media accounts is crucial to maintaining employees’ privacy rights in an era […]
February 6, 2024
NY employee rights statute of limitations workplace discrimination

New Yorkers — You have Three Years to File Discrimination Claims Before the Commission!!

By: Ty Hyderally, Esq. and Lorena Meza   Governor Kathy Hochul of New York, in a consequential development for workplace justice and employee rights, signed Senate […]
February 5, 2024
PWFA pregnant workers stronger workplace protections

PWFA Grants Pregnant Workers Stronger Workplace Protections

By: Ty Hyderally, Esq. Francine Foner, Esq., and Adela Barbura   Pregnant and postpartum employees were regularly constrained in their capability of obtaining reasonable accommodation in […]
January 29, 2024
multinational corporation unemployment demands

David versus Goliath Redux: Court Orders Multinational Corporation to Comply with Unemployed Plaintiff’s Discovery Demands

By: Ty Hyderally, Esq, Jennifer Vorih, Esq., and Adela Barbura   In the realm of employment litigation, there are times when the courts favor individuals who […]
January 17, 2024
workers compensation for NJ employees

Big Workers Compensation Win for Employees in New Jersey!!

Protection for driving to and from work By: Ty Hyderally, Esq., Jennifer Vorih, Esq., and Adela Barbura  January 14, 2024   New Jersey workers who are […]
January 12, 2024
new wage increases for new yorkers

New Wage Increases for New Yorkers!!!!

By: Ty Hyderally, Esq., and Lorena Meza January 5, 2024 As of January 1, 2024, there will be wage changes in New York that will be […]
December 26, 2023
NJ LAD disability discrimination

Wonderful Decision for Staving off Mandatory Arbitration

By: Ty Hyderally, Esq., and Francine Foner, Esq. The Third Circuit Court of Appeals recently affirmed a decision of the New Jersey District Court denying an […]
December 19, 2023
sick and safe leave NY law

Workers in New York City Now Have More Sick Leave Rights!

By: Ty Hyderally, Esq., and Jennifer Vorih, Esq.   On October 15, 2023, new wage rules went into effect amending New York City’s Earned Safe and […]
December 13, 2023
PUMP act, protecting nursing workers and employees

PUMP Act Expands and Strengthens Protections for Nursing Employees

By: Ty Hyderally, Esq., Francine Foner, Esq., and Adela Barbura   Employees returning from maternity leave are often in need of an accommodation to provide a […]
December 7, 2023
NJ WARN Act protects laid off and terminated employees

New Jersey WARN Act Expands Protections to More Laid Off or Terminated NJ Employees

By: Ty Hyderally, Esq., Jennifer Vorih, Esq., and Adela Barbura   In August 1998, Congress passed the Worker Adjustment and Retraining Notification Act (“WARN Act”) to […]
November 8, 2023
NJ workers fair wages and pay compensation

32,000 New Jersey Workers Granted Increased Wages and Benefits Under CWA Tentative Agreement

By: Ty Hyderally, Esq., Francine Foner, Esq., and Adela Barbura Following months of bargaining, workers in the telecommunications and direct-care industries will receive safeguards and fair […]
November 1, 2023

New Jersey Whistleblower to Get Her Day in Court!

By: Ty Hyderally, Esq., Francine Foner, Esq   Larisa Perry (“Perry”) worked for Wells Fargo Bank, N.A. from 1992 until her termination in March 2019. In […]
October 25, 2023
NJ law pay transparency

Jersey City: At the Forefront of Pay Transparency Laws

By: Ty Hyderally, Esq., Jennifer Vorih, Esq, and Adela Barbura   As discussed in an August 17, 2023, blog, “New Jersey Workers Gain Powerful Protections in […]
October 18, 2023
NJ LAD remote worker

NJ District Court finds that NJLAD Protects Remote, Non-Resident Worker

By: Ty Hyderally, Esq., Francine Foner, Esq., and Adela Barbura   The New Jersey’s Law Against Discrimination, N.J.S.A., § 10:5-1 et seq., (“LAD”) provides powerful protections […]
September 27, 2023
new york employment law wage theft and gender discrimination

New York Passes New Laws Regarding Wage Theft, Gender Discrimination, and Captive Audience Meetings

By: Nisha S. Talati, Esq. and Ty Hyderally, Esq. Recently, new legislation was passed in New York regarding wage theft, gender discrimination, and captive audience meetings. […]
September 20, 2023
NY State Pay Transparency Law

New York State Pay Transparency Law to Take Effect September 17, 2023

By: Ty Hyderally, Esq., Jennifer Vorih, Esq., and Adela Barbura Senate Bill S9427A, commonly known as the New York State Pay Transparency Law, will take effect […]
August 28, 2023
NY on verge of prohibiting employer non-compete agreements

New York on the Verge of Prohibiting Employer Non-Compete Agreements

By:  Ty Hyderally, Esq., Jennifer Vorih, Esq., and Adela Barbura   On June 20, 2023, the New York State Assembly (“Assembly”) passed Assembly Bill A1278B, to […]
August 25, 2023
part-time unemployed New Jersey workers

Major Win for Part-Time Unemployed New Jersey Workers!

By:  Ty Hyderally, Esq., Jennifer Vorih, Esq., and Adela Barbura The Superior Court of New Jersey, Appellate Division, recently ruled in favor of an employee who […]
August 17, 2023
NJ temporary workers' bill of rights

New Jersey Temporary Workers Gain Powerful Protections in Bill of Rights

By: Ty Hyderally, Esq., Francine Foner, Esq., and Adela Barbura Assembly Bill No. A1474/S511, commonly referred to as the “Temporary Workers’ Bill of Rights,” was signed […]
August 10, 2023
new jersey service workers protections

Employment Protections for New Jersey Service Workers

By: Nisha S. Talati, Esq. and Ty Hyderally, Esq.             Recently, Governor Phil Murphy signed a bill to protect service workers from unexpected loss of employment […]
July 13, 2023
unemployment benefits calculations

Full-Time and Part-Time: Calculation of Unemployment Benefits

By: Nisha S. Talati, Esq. and Ty Hyderally, Esq. Recently, the New Jersey Appellate Division held that a claimant who is separated from full-time employment, may […]
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 […]