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Employment Law Blog
March 20, 2017
Published by Ty Hyderally at March 20, 2017
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
Published by Ty Hyderally at March 13, 2017
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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
Published by Ty Hyderally at February 28, 2017
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
Published by Ty Hyderally at February 3, 2017
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
Published by Ty Hyderally at January 27, 2017
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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
Published by Ty Hyderally at December 29, 2016
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
Published by Ty Hyderally at December 2, 2016
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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
Published by Ty Hyderally at November 28, 2016
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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
Published by Ty Hyderally at November 18, 2016
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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
Published by Ty Hyderally at November 4, 2016
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
Published by Ty Hyderally at October 10, 2016
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
Published by Ty Hyderally at September 21, 2016
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
Published by Ty Hyderally at August 25, 2016
While many New Jersey employees are happy, or even eager, to fulfill their civic responsibility to serve on a jury when called, some people live in […]
June 6, 2016
Published by Ty Hyderally at June 6, 2016
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New Jersey employees who have been terminated often fail to realize that no unemployment benefits can be paid to them for any week before they actually […]
May 1, 2016
Published by Ty Hyderally at May 1, 2016
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The New Jersey Appellate Division recently struck down an arbitration provision contained in an employee handbook which included a disclaimer of any contractual relationship between the […]
April 28, 2016
Published by Ty Hyderally at April 28, 2016
Understandably, many of our clients and potential clients do not know some of the basics of employment law in New Jersey. Some people feel that they […]
April 15, 2016
Published by Ty Hyderally at April 15, 2016
On April 4, 2016, the governors of New York and California each signed legislation that will bring their respective state’s minimum wage to $15 per hour[1]. […]
April 1, 2016
Published by Ty Hyderally at April 1, 2016
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In a 4 – 4 split decision, the Supreme Court handed a major victory to public unions this week by maintaining the current state of labor […]
March 29, 2016
Published by Ty Hyderally at March 29, 2016
Pay Secrecy Policy Equals Gagging the Voices of Employees Equals Potential Legal Exposure Employer policies, such as pay secrecy or pay confidentiality rules have long been […]
March 21, 2016
Published by Ty Hyderally at March 21, 2016
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An employee who decides to sue a former employer for unlawful termination must not only determine what potential claims he or she may have against the […]
March 10, 2016
Published by Ty Hyderally at March 10, 2016
NJ Appellate Division: Employer Violated ADA by Ordering Fitness for Duty Examination The New Jersey Appellate Division recently held that the Township of Lakewood violated the […]
February 8, 2016
Published by Ty Hyderally at February 8, 2016
New Jersey Supreme Court To Decide Whether Employer’s Discharge Of An Employee Because Of The Anticipated Effect Of The Employee’s Imminent Divorce On The Workplace Violates New […]
December 3, 2015
Published by Ty Hyderally at December 3, 2015
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Appellate Division Relies Upon Aguas To Dismiss Claims Of Sexual Harassment Without Giving Due Consideration To Reasonableness Of Victim’s Delay In Formally Complaining Can an employer […]
November 13, 2015
Published by Ty Hyderally at November 13, 2015
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In July, we wrote about a class action against Houlihan’s restaurant in which servers challenged the restaurant’s tip pooling policy as illegally sharing tips with non-servers. […]
October 29, 2015
Published by Ty Hyderally at October 29, 2015
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Qualifying New Jersey employees have job protection under the United States Family and Medical Leave Act (“FMLA”), in case they need to take time off work […]
October 15, 2015
Published by Ty Hyderally at October 15, 2015
“You are killing me” – The parting words of Christopher Kirkpatrick (“Kirkpatrick”), a 38 year-old clinical psychologist at the Veterans Affairs (VA) facility, in Tomah, Wisconsin, […]
October 9, 2015
Published by Ty Hyderally at October 9, 2015
Employees and their advocates can rejoice in a recent New Jersey Supreme Court decision: Joel S. Lippman, M.D. v. Ethicon, Inc. and Johnson & Johnson, Inc. […]
September 24, 2015
Published by Ty Hyderally at September 24, 2015
If you work for New Jersey or one of its entities, you may be barred from pursuing a claim under the Americans with Disabilities Act (ADA) […]
September 17, 2015
Published by Ty Hyderally at September 17, 2015
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Are you allowed to criticize your boss or place of employment in a mass email or on Facebook? The answer is yes, if your speech falls […]
September 10, 2015
Published by Ty Hyderally at September 10, 2015
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New Jersey employees who lose their jobs, whether they are fired or laid off, usually want to receive unemployment compensation for the time they are searching […]
August 24, 2015
Published by Ty Hyderally at August 24, 2015
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Laws affecting employees often contain fee shifting provisions which provide that the “prevailing party” is entitled to be paid for their attorney’s fees and costs. That […]
August 7, 2015
Published by Ty Hyderally at August 7, 2015
Many New Jersey workers who are dealing with temporary or permanent disabilities have questions about whether they can take time off work, and still be able […]
July 16, 2015
Published by Ty Hyderally at July 16, 2015
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Working as a server in a restaurant is appealing to many employees because of the potential to increase their earnings through tips. Presumably, the hope of […]
July 1, 2015
Published by Ty Hyderally at July 1, 2015
Things are looking up for low-to mid-wage workers who are paid a salary and thus do not receive overtime pay. The United States Department of Labor […]
June 25, 2015
Published by Ty Hyderally at June 25, 2015
Despite the passage of The Patient Protection and Affordable Care Act of 2010 (PPACA), women who wish to continue breastfeeding after returning to work still face […]
June 18, 2015
Published by Ty Hyderally at June 18, 2015
The EEOC’s duty to settle cases before filing suit in federal court is subject to judicial review, the Supreme Court recently held. Mach Mining, LLC v. […]
June 11, 2015
Published by Ty Hyderally at June 11, 2015
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Many employers are keeping tabs on their employees in new and different ways. For instance, many employees who drive as part of their work duties have […]
June 4, 2015
Published by Ty Hyderally at June 4, 2015
While Bruce Jenner can actually earn money because he is transitioning, or announcing that he is transitioning, most transsexuals cannot. In contrast, many transsexuals who are […]
April 23, 2015
Published by Ty Hyderally at April 23, 2015
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New Jersey’s relatively recent ban on gay conversion therapy for minors went into effect on August 19, 2013 (the “Act”).[1] The Act was passed after numerous […]
April 8, 2015
Published by Ty Hyderally at April 8, 2015
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When private employees exchange text messages using their personal phones, outside of the workplace, and on their own time, should the content of those text messages […]
March 23, 2015
Published by Ty Hyderally at March 23, 2015
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Montclair New Jersey passed a paid sick leave ordinance in November, 2014. Thus, as of March 4, 2015, Montclair employers are required to provide paid sick […]
March 9, 2015
Published by Ty Hyderally at March 9, 2015
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In employment discrimination cases, the issue of damages is often central in our client’s minds. A successful plaintiff in such cases can receive back pay, front […]
February 19, 2015
Published by Ty Hyderally at February 19, 2015
1st Circuit In the First Circuit, a few cases set the stage for interpreting Twombly and Iqbal in employment law pleadings. In Manning v. Boston Med. […]
February 13, 2015
Published by Ty Hyderally at February 13, 2015
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On-demand services seem to be all the rage. You’ve probably heard of, if not used, Uber, the on-demand taxi service. With Uber, you can have a […]
February 6, 2015
Published by Ty Hyderally at February 6, 2015
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The Americans with Disabilities Act (ADA) is a federal law that protects disabled individuals from discrimination not only in employment but also in places of public […]
January 29, 2015
Published by Ty Hyderally at January 29, 2015
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There is as of yet no federal paid sick leave law in the United States, which is the only developed country in the world that does […]
January 23, 2015
Published by Ty Hyderally at January 23, 2015
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For years, New Jersey has had one of the strongest laws in the country protecting whistleblowers in the workplace. The New Jersey Conscientious Employee Protection Act, […]
January 16, 2015
Published by Ty Hyderally at January 16, 2015
While the New Jersey Law Against Discrimination was recently amended to specifically include pregnancy discrimination, there is no current statutory law in New Jersey which provides […]
November 22, 2014
Published by Ty Hyderally at November 22, 2014
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Pregnancy can be a physically demanding time. You may find you have more trouble standing for a full shift. You may need to take extra-bathroom breaks, […]
September 22, 2014
Published by Ty Hyderally at September 22, 2014
Every employee feels unhappy at work sometimes. Bosses and coworkers may frustrate and irritate you. However, some workplace behavior crosses the line such as in the […]
August 24, 2014
Published by Ty Hyderally at August 24, 2014
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New Jersey’s whistleblower statute, the Conscientious Employee Protection Act (“CEPA”), N.J.S.A. 34:19-1 protects employees against retaliation if they choose to disclose a policy or practice of […]
July 12, 2014
Published by Ty Hyderally at July 12, 2014
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If a salaried employee is late for work, can the employer dock that employee’s pay to account for the missed hours? In most cases, the answer […]
June 7, 2014
Published by Ty Hyderally at June 7, 2014
“Have you ever been convicted of a crime?” Traditionally, employers ask this question on job applications to screen out applicants. Checking the “yes” box in response […]
May 6, 2014
Published by Ty Hyderally at May 6, 2014
Finally, New Jersey joins other states in protecting pregnant women. It is really shocking that a state like ours which has such broad remedial statutes did […]
April 2, 2014
Published by Ty Hyderally at April 2, 2014
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On February 28, 2014, Yahoo published an article entitled “Daughter’s Facebook Brag Costs Her Family $80,000.” The title itself sounds horrifying, especially since most parents consistently […]
March 14, 2014
Published by Ty Hyderally at March 14, 2014
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The first Medical Marijuana dispensary in New Jersey opened in Montclair, NJ over a year ago. The initial legalization of marijuana undoubtedly raised concerns among employers, […]
February 24, 2014
Published by Ty Hyderally at February 24, 2014
Categories
In November of 2013, New Jersyians flocked to the polls and ultimately decided that the minimum wage just wasn’t cutting it. The citizens of the Garden […]
January 10, 2014
Published by Ty Hyderally at January 10, 2014
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Recently, New Jersey has been thrust into the national spotlight due to Bridgegate – the Chris Christie George Washington Bridge (“GWB”) scandal. On January 9, 2014, […]
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November 16, 2021
Published by Ty Hyderally at November 16, 2021
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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
Published by Ty Hyderally at November 11, 2021
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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
Published by Ty Hyderally at November 10, 2021
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
Published by Ty Hyderally at November 8, 2021
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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
Published by Ty Hyderally at November 3, 2021
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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
Published by Ty Hyderally at November 1, 2021
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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
Published by Ty Hyderally at October 26, 2021
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
Published by Ty Hyderally at October 21, 2021
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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
Published by Ty Hyderally at October 19, 2021
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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
Published by Ty Hyderally at October 12, 2021
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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
Published by Ty Hyderally at October 7, 2021
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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
Published by Ty Hyderally at September 27, 2021
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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
Published by Ty Hyderally at September 23, 2021
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
Published by Ty Hyderally at September 22, 2021
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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
Published by Ty Hyderally at September 20, 2021
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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
Published by Ty Hyderally at September 16, 2021
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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
Published by Ty Hyderally at September 9, 2021
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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
Published by Ty Hyderally at August 27, 2021
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
Published by Ty Hyderally at August 24, 2021
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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
Published by Ty Hyderally at August 23, 2021
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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
Published by Ty Hyderally at August 17, 2021
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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
Published by Ty Hyderally at August 12, 2021
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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
Published by Ty Hyderally at August 11, 2021
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
Published by Ty Hyderally at August 9, 2021
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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
Published by Ty Hyderally at August 6, 2021
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
Published by Ty Hyderally at July 30, 2021
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
Published by Ty Hyderally at July 16, 2021
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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
Published by Ty Hyderally at July 12, 2021
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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
Published by Ty Hyderally at July 9, 2021
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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
Published by Ty Hyderally at July 7, 2021
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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
Published by Ty Hyderally at June 25, 2021
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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
Published by Ty Hyderally at June 24, 2021
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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
Published by Ty Hyderally at June 18, 2021
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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
Published by Ty Hyderally at June 16, 2021
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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
Published by Ty Hyderally at June 11, 2021
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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
Published by Ty Hyderally at June 8, 2021
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
Published by Ty Hyderally at June 4, 2021
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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
Published by Ty Hyderally at May 28, 2021
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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
Published by Ty Hyderally at May 24, 2021
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
Published by Ty Hyderally at May 17, 2021
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 […]