Employment Law Blog


December 12, 2019

Medical Marijuana Users are Protected in New Jersey

By Lía Fiol-Matta, Esq., Ty Hyderally, Esq. When it comes to cannabis and the workplace, the terrain can be rather complex. Since 2010, the use of […]
December 9, 2019

New Jersey Assembly Passes Bill Outlawing “Gay Panic” Defense to Murder Charge

By: Ty Hyderally, Esq. and Francine Foner, Esq. Legislation designed to prevent legal strategies which discriminate against LGBTQ murder victims recently passed the Assembly by a […]
November 21, 2019

A Big Win: N.J. Jury Awards $6 Million in Race Discrimination Lawsuit

By: Ty Hyderally, Esq. and Chantal N. Guerriero, Esq. On November 1, 2019, a Bergen County jury awarded Plaintiff Rebecca McCarthy, (“McCarthy”) a $6 million verdict […]
November 1, 2019

Coming Soon… New Protections for Independent Contractors in New Jersey

By Lía Fiol-Matta, Esq., Ty Hyderally, Esq. Are you or someone you know an independent contractor in New Jersey? If so, we have good news! The […]
October 25, 2019

Be Your Own Hairstyle!!

By: Ty Hyderally, Esq. and Chantal Guerriero, Esq. In September of 2019, the New Jersey Division on Civil Rights (“DCR”) was prompted to issue new guidelines […]
October 16, 2019

New Jersey Supreme Court Advances Whistleblower Protections

By: Ty Hyderally, Esq. and Francine Foner, Esq. The New Jersey Supreme Court recently held in a unanimous opinion that a New Jersey State Police officer […]
September 30, 2019

New Jersey Hotels Just Got a Little Safer: Hotel Employees get a Panic Device

By: Ty Hyderally, Esq. and Chantal N. Guerriero, Esq. The New Jersey Panic Device Law (“NJ S2986” or the “Act”), was introduced on September 24, 2018, […]
August 23, 2019

So Jersey! What Happens When Folks Want to Drive Their High-End Sports Cars 100 MPH on the GSP?

By Jennifer Vorih, Esq., Ty Hyderally, Esq. What do you do if you want to speed your way down the Garden State Parkway in your high-end […]
August 14, 2019

New York State Bans Discrimination for Religious Garb and Facial Hair

August 12, 2019 By Lía Fiol-Matta, Esq., Ty Hyderally, Esq. In a new move towards ensuring equality in the workplace, Governor Andrew Cuomo of New York […]
August 8, 2019

New Jersey Employees Gain Greater Protections Against Employer Wage Theft

By Francine Foner, Esq., Ty Hyderally, Esq.             On August 6, 2019, Acting Governor Sheila Oliver signed into law S1790 (the “Act”), which significantly strengthens protections for […]
July 30, 2019

Why did Pinocchio Bludgeon Jiminy Cricket with a Hammer? A Victory for the Whistleblower.

Why did Pinocchio Bludgeon Jiminy Cricket with a Hammer? A Victory for the Whistleblower. July 30, 2019 By Francine Foner, Esq., Ty Hyderally, Esq. Cape May […]
July 23, 2019

New York State Says Yes to Pay Equity!!

New York State Says Yes to Pay Equity!! July 19, 2019 Lía Fiol-Matta, Esq., Ty Hyderally, Esq., Sherif Farrag The New York State Senate and Assembly […]
July 15, 2019

Does the New Jersey Law Against Discrimination Protect You If You Live and Work Outside of New Jersey? It Depends…

Does the New Jersey Law Against Discrimination Protect You If You Live and Work Outside of New Jersey? It Depends… July 11, 2019 By Francine Foner, […]
June 28, 2019

Truck Drivers Get The Right To Sue For Overtime

Truck Drivers Get The Right To Sue For Overtime By Jennifer Vorih, Esq., Ty Hyderally, Esq. and Stephanie Gibson June 27, 2019 On June 19, 2019, […]
June 18, 2019

Skip the EEOC and Go Straight to Court? It’s Possible but Following Procedure is Still the Best Route

Skip the EEOC and Go Straight to Court? It’s Possible but Following Procedure is Still the Best Route June 18, 2019 Lía Fiol-Matta, Esq., Ty Hyderally, […]
June 17, 2019

A Win for Disabled Employees in NJ!

A Win for Disabled Employees in NJ! June 14, 2019 By Francine Foner, Esq. and Ty Hyderally, Esq. On June 11, 2019, the Appellate Division liberally […]
May 22, 2019

Meals are not Happy at McDonald’s

Meals are not Happy at McDonald’s May 22, 2019 Lía Fiol-Matta, Esq., Ty Hyderally, Esq. Once again, McDonald’s Corp., faces newly filed numerous complaints of sexual […]
May 1, 2019

Sexual Abuse Victims get Broader Protections

Sexual Abuse Victims get Broader Protections  May 1, 2019 Francine Foner, Esq., Ty Hyderally, Esq. On March 25, 2019, both houses of the New Jersey Legislature […]
April 23, 2019

The US Supreme Court will Hear Not One, Not Two but Three Cases Involving Rights of LGBT Employees!

The US Supreme Court will Hear Not One, Not Two but Three Cases Involving Rights of LGBT Employees! April 23, 2019 Lía Fiol-Matta, Esq., Ty Hyderally, Esq, […]
April 18, 2019

NJ Volunteer Firefighters Eligible for Workers’ Compensation Disability Benefits Regardless of Employment!

NJ Volunteer Firefighters Eligible for Workers’ Compensation Disability Benefits Regardless of Employment! April 17, 2019 By Jennifer Vorih, Esq. and Ty Hyderally, Esq. The New Jersey […]
April 4, 2019

Smoking Pot – No worries… You Have Some Protections

Smoking Pot – No worries… You Have Some Protections April 4, 2019 By Francine Foner, Esq. and Ty Hyderally, Esq.  In a published opinion issued March […]
April 2, 2019

Hut-Hut-Hike Leads To A Potential Touch Down For The Disabled

Hut-Hut-Hike Leads To A Potential Touch Down For The Disabled March 29, 2019 Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. On March 6, 2019, for the […]
March 26, 2019

New Jersey Strikes Down NDAs!!!

New Jersey Strikes Down NDAs!!! March 19, 2019 By Jennifer Vorih, Esq. and Ty Hyderally, Esq. This Monday, March 18, 2019, New Jersey Governor Philip Murphy […]
March 22, 2019

Strike Three for Waivers in New Jersey!!!

Strike Three for Waivers in New Jersey!!! March 19, 2019 By Francine Foner, Esq. and Ty Hyderally, Esq. On March 18, 2019, Governor Philip D. Murphy […]
March 14, 2019

Is Your Hairstyle Protected?

Is Your Hairstyle Protected? March 14, 2019 Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. People of color, particularly of African descent, may now let their hair […]
February 25, 2019

Governor Philip D. Murphy Vetoes New Jersey Version of Civil Rights Tax Relief Act

Governor Philip D. Murphy Vetoes New Jersey Version of Civil Rights Tax Relief Act February 21, 2019 By Francine Foner, Esq. and Ty Hyderally, Esq. On January […]
February 21, 2019

Employee Granted Large Award for Employer’s Refusal to Grant Religious Accommodation

Employee Granted Large Award for Employer’s Refusal to Grant Religious Accommodation February 15, 2019 Lía Fiol-Matta, Esq., and Ty Hyderally, Esq. A dishwasher in Florida was awarded […]
February 13, 2019

NY Workers Also Have Breastfeeding Rights

NY Workers Also Have Breastfeeding Rights February 12, 2019 By Jennifer Vorih, Esq. and Ty Hyderally, Esq. As discussed in an earlier blog, the New Jersey […]
January 31, 2019

New Jersey Takes a Big Step to Address Economic Inequality!

New Jersey Takes a Big Step to Address Economic Inequality! January 29, 2019 Lía Fiol-Matta, Esq., Ty Hyderally, Esq. New Jersey places itself on the list […]
January 29, 2019

New York Advances LGBTQ Protections, While Supreme Court Permits Ban of Transgender Service Members During Pendency of Litigation Challenging Ban

New York Advances LGBTQ Protections, While Supreme Court Permits Ban of Transgender Service Members During Pendency of Litigation Challenging Ban January 29, 2019 By Francine Foner, […]
January 17, 2019

Mandatory Arbitration Takes a Blow – Court Rules Pfizer’s Plan’s a No Go!

Mandatory Arbitration Takes a Blow – Court Rules Pfizer’s Plan’s a No Go! Ty Hyderally, Esq., Jennifer Vorih, Esq. January 16, 2019 In a decision issued […]
January 14, 2019

Timeliness is Everything – An unfortunate parable of form over substance winning the day.

Timeliness is Everything – An unfortunate parable of form over substance winning the day. January 9, 2019 By Francine Foner, Esq. and Ty Hyderally, Esq. In […]
December 21, 2018

The Intertwining of Disability Law and the Web

The Intertwining of Disability Law and the Web December 20, 2018 Lía Fiol-Matta, Esq., Ty Hyderally, Esq. 2018 was a good year for most plaintiffs suing […]
December 18, 2018

Employees Not Required to Make Formal Complaint Before Resigning Due to Discrimination or Retaliation

Employees Not Required to Make Formal Complaint Before Resigning Due to Discrimination or Retaliation Ty Hyderally, Esq., Jennifer Vorih, Esq. December 17, 2018 In a decision […]
December 3, 2018

Employee’s Request for Religious Accommodation Impacted by Collective Bargaining Agreement

Employee’s Request for Religious Accommodation Impacted by Collective Bargaining Agreement Ty Hyderally, Esq., Francine Foner, Esq. November 29, 2018 If you are a union employee seeking […]
November 30, 2018

DOL Cancels 80/20 Rule for Tipped Employees

DOL Cancels 80/20 Rule for Tipped Employees November 29, 2018 Lía Fiol-Matta, Esq., Ty Hyderally, Esq. Are you a tipped employee in New Jersey or New […]
November 15, 2018

Mandatory Arbitration Takes Another Hit in New Jersey

Mandatory Arbitration Takes Another Hit in New Jersey November 15, 2018 Francine Foner, Esq., Ty Hyderally, Esq. On October 24, 2018, we wrote about two recent […]
November 9, 2018

New Jersey Removes Employment Obstacles for Most Individuals with Criminal Records

New Jersey Removes Employment Obstacles for Most Individuals with Criminal Records November 9, 2018 Lía Fiol-Matta, Esq., Ty Hyderally, Esq. It is now easier for New […]
November 7, 2018

State Employee Challenges Confidentiality Policy Silencing Victims of Sexual Harassment

  State Employee Challenges Confidentiality Policy Silencing Victims of Sexual Harassment Francine Foner, Esq., Ty Hyderally, Esq. November 7, 2018 A state employee who is suing […]
October 24, 2018

Mandatory Arbitration Takes a Hit in New Jersey

Mandatory Arbitration Takes a Hit in New Jersey October 24, 2018 Francine Foner, Esq., Ty Hyderally, Esq. Recent decisions have upheld the enforceability of arbitration agreements […]
October 15, 2018

Strict New Sexual Harassment Laws in Place in New York!

Strict New Sexual Harassment Laws in Place in New York! October 11, 2018 Lía Fiol-Matta, Esq. October 9, 2018 was an important deadline in New York […]
October 12, 2018

New Jersey Paid Sick Leave Law Goes Into Effect October 29, 2018

New Jersey Paid Sick Leave Law Goes Into Effect October 29, 2018 October 10, 2018 Francine Foner, Esq In March we reported that New Jersey was […]
September 28, 2018

Joint Employer Standard May be Changing

Joint Employer Standard May be Changing September 26, 2018 Lía Fiol-Matta, Esq. Are you a cashier who works at one location of a nation-wide chain of […]
September 28, 2018

Police Officers May Be Entitled to Accidental Disability Benefits for Witnessing Gruesome Events

Police Officers May Be Entitled to Accidental Disability Benefits for Witnessing Gruesome Events September 28, 2018 Jennifer Vorih, Esq. In a recent decision, the New Jersey […]
September 17, 2018

New Jersey Unemployment Law Clearer and Better for Employees

New Jersey Unemployment Law Clearer and Better for Employees. September 17, 2018 Francine Foner, Esq. On August 24, 2018, New Jersey Governor Philip D. Murphy signed […]
September 4, 2018

“I Use Prescribed Medical Marijuana. Could I Lose my Job?”

“I Use Prescribed Medical Marijuana. Could I Lose my Job?” August 31, 2018 Lía Fiol-Matta, Esq. Recreational marijuana is legal in nine (9) states; in addition, […]
July 31, 2018

Can My Employer Control What I Do on My Lunch Break?

Can My Employer Control What I Do on My Lunch Break? July 31, 2018 Jennifer Vorih, Esq. and Tyiarah Adewakun As a New Jersey employee, you […]
June 29, 2018

I’m Being Harassed by my Supervisor. What Can I Do About it?

I’m Being Harassed by my Supervisor. What Can I Do About it? June 28, 2018 Lía Fiol-Matta, Esq., Ty Hyderally, Esq., and Tyiarah Adewakun Your supervisor yells […]
June 8, 2018

“Egregiously Wrong” SCOTUS Decision Affects Employees

“Egregiously Wrong” SCOTUS Decision Affects Employees June 7, 2018 Lía Fiol-Matta, Esq., Ty Hyderally, Esq., and Chaitali Gandhi On May 21, 2018, the Supreme Court of […]
May 22, 2018

More Positive Change For Employees Looking to Litigate Their Claims in Court Rather Than Through Forced Arbitration

More Positive Change For Employees Looking to Litigate Their Claims in Court Rather Than Through Forced Arbitration May 22, 2018 Jennifer Vorih, Esq., Ty Hyderally, Esq., […]
May 18, 2018

N.J. Governor Makes Worker Misclassification a Priority

N.J. Governor Makes Worker Misclassification a Priority May 17, 2018 Lía Fiol-Matta, Esq., Ty Hyderally, Esq. On May 3, 2018 New Jersey Governor Phil Murphy created […]
May 16, 2018

Will Workers Comp Cover You For Injuries On Your Way To Work?

Will Workers Comp Cover You For Injuries On Your Way To Work? May 14, 2018 Ty Hyderally, Esq., and Jennifer, Esq. We had several snow storms […]
May 14, 2018

Appellate Division Rejects Limited Definition of Similarly Situated Employee in Disparate Treatment Claims under the New Jersey Law Against Discrimination

Appellate Division Rejects Limited Definition of Similarly Situated Employee in Disparate Treatment Claims under the New Jersey Law Against Discrimination May 9, 2018 Ty Hyderally, Esq., and […]
May 1, 2018

New Jersey on the Forefront of Equal Pay Legislation!

New Jersey on the Forefront of Equal Pay Legislation! April 30, 2018 Lía Fiol-Matta, Esq., Ty Hyderally, Esq. History was made on April 24, 2018 when […]
April 26, 2018

Worker who was Severely Injured in Fall at New Jersey Worksite was Employee for Purposes of Worker’s Compensation

Worker who was Severely Injured in Fall at New Jersey Worksite was Employee for Purposes of Worker’s Compensation April 24, 2018 Ty Hyderally, Esq., and Jennifer, […]
April 13, 2018

“I have mental illness and I’m afraid it will hurt my job. Should I keep it to myself?”

“I have mental illness and I’m afraid it will hurt my job. Should I keep it to myself?” April 6, 2018 Lía Fiol-Matta, Esq. and Ty […]
April 11, 2018

New Jersey Gets Closer to Enacting Mandatory Sick Leave Law

New Jersey Gets Closer to Enacting Mandatory Sick Leave Law March 30, 2018 Ty Hyderally, Esq., Francine Foner, Esq. On March 26, 2018, the New Jersey […]
April 2, 2018

New Jersey Woman Who Quit In Order to Avoid Being Fired Finally Granted Unemployment Benefits

New Jersey Woman Who Quit In Order to Avoid Being Fired Finally Granted Unemployment Benefits March 30, 2018 Ty Hyderally, Esq., and Jennifer, Esq. In a March […]
March 22, 2018

Second Circuit is Second in Prohibiting Sexual Orientation Discrimination

Second Circuit is Second in Prohibiting Sexual Orientation Discrimination March 22, 2018 Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. In a groundbreaking decision, the Second Circuit […]
March 12, 2018

Employment During a State of Emergency

Employment During a State of Emergency March 8, 2018 Ty Hyderally, Esq., and Jennifer, Esq. Both the State of New Jersey and the Township of Montclair […]
February 23, 2018

Employees Gain Right to Ownership and Usage of Employee Inventions

Employees Gain Right to Ownership and Usage of Employee Inventions March 1, 2018 Ty Hyderally, Esq., Francine Foner, Esq., Shamola Bonner On January 15, 2018, Governor […]
February 16, 2018

“I was asked about my salary history at a job interview. Is that OK?”

“I was asked about my salary history at a job interview. Is that OK?” February 15, 2018 Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. Whether a […]
February 12, 2018

Can I Get Unemployment if I Had to Quit my Job for Medical Reasons?

Can I Get Unemployment if I Had to Quit my Job for Medical Reasons? February 8, 2018 Jennifer Vorih, Esq., Ty Hyderally, Esq. New Jersey provides […]
February 5, 2018

New Jersey Assemblymen Take Another Shot at State Wide Paid Sick Leave Law

New Jersey Assemblymen Take Another Shot at State Wide Paid Sick Leave Law February 1, 2018 Francine Foner, Esq., Ty Hyderally, Esq. Assemblymen Vincent Prieto (D) […]
January 26, 2018

New York City Places Heavier Burden on Employers to Discuss Reasonable Accommodations with Employees

New York City Places Heavier Burden on Employers to Discuss Reasonable Accommodations with Employees November 27, 2017 Isaac Graff, Esq., Ty Hyderally, Esq., and Chantal Guerriero […]
January 18, 2018

Nursing Mothers Are Now Protected In the Workplace Under New Jersey Law!

Nursing Mothers Are Now Protected In the Workplace Under New Jersey Law! January 18, 2018 Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. Firing or discriminating against […]
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 […]
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 […]