employment discrimination

Employment Law Blog


March 29, 2021

A Win for Pregnant Workers!

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. As discussed in an earlier blog (November 23, 2020), the New Jersey Supreme Court recently heard a case […]
March 15, 2021

COVID-19 is Making a Case to Bring Back Women to the Workforce

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. March is Women’s History Month, and this year, more than ever, it is important to recognize the […]
March 12, 2021

Attention Pregnant Employees! Pregnant Workers Fairness Act May Finally Pass After Eight Years of Debate

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. The Pregnant Workers Fairness Act (“PWFA”) was first introduced eight years ago, in 2012, and has since […]
March 8, 2021

Lesson for New Jersey Boards of Education: Unemployment Benefits Do Not Offset Back-Pay Awards in Tenure Cases

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. The New Jersey Appellate Division recently clarified that back-pay which is due to tenured teachers is not offset […]
March 5, 2021

New Jersey’s LGBT Married Couples May Soon Breathe a Sigh of Relief

By Renee Jiang, Francine Foner, Esq., and Ty Hyderally, Esq. On February 9, 2021, New Jersey lawmakers introduced a marriage equality bill seeking to codify same-sex […]
February 25, 2021

Can Your Employer Force You to take the COVID-19 Vaccine?

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. Since the long-awaited COVID-19 vaccine has arrived, many people have begun to question whether their employers are […]
February 23, 2021

Breaking the Silence: Confidential Settlements of Employment Claims

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

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

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

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

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

Growing Recognition of Implicit Bias

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

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

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

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

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

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

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

Nurses and Hospital Workers – You Have Protections!

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

Whistleblower Wins His Day in Court!

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

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

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

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

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

Judge’s Baffling Jury Instruction Wins Whistleblower a New Trial

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

Is My Employer’s Arbitration Agreement Valid?

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

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

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

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

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

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

By: Jennifer Vorih, Esq. and Ty Hyderally, Esq. In a recent case, the New Jersey Appellate Division – for a second time – reversed the granting […]
December 8, 2020

How Soon Will Offices and Business Fully Reopen as Employees Get Vaccinated?

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. Almost a year into the COVID-19 (“coronavirus”) pandemic, it is safe to say that many of us are […]
December 4, 2020

New York Case Offers Guidance on Filing Claims Against Employers for Failing to Follow Health and Safety Laws During the Pandemic

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. In these uncertain pandemic times, many employees are able to work from home yet others cannot protect themselves […]
December 2, 2020

Can Your Employer Mandate That You Get a COVID-19 Vaccine?

By Francine Foner, Esq., and Ty Hyderally, Esq With the anticipation of COVID-19 vaccines soon becoming available, New Jersey employers may desire to mandate that their […]
November 23, 2020

New Jersey Pregnancy Discrimination Claim Goes Up to the Supreme Court

By Chantal N. Guerriero, Esq., and Ty Hyderally, Esq. The New Jersey Supreme Court recently heard Delanoy v. Township of Ocean to decide whether to uphold […]
November 20, 2020

Professor’s Employment Claims Given a Passing Grade by the Appellate Division!!

By Francine Foner, Esq., and Ty Hyderally, Esq. What type of workplace conduct constitutes gender harassment or gender discrimination? Does there need to be direct evidence […]
November 14, 2020

New COVID Restrictions and Clarification from Governor Murphy

By: Jennifer Vorih, Esq. and Ty Hyderally, Esq. Earlier this week, New Jersey Governor Phil Murphy signed legislation and issued new restrictions related to the coronavirus […]
November 13, 2020

New Jersey Votes to Legalize Recreational Use of Marijuana. What Might That Mean in the Workplace?

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. For the first time in New Jersey, voters approved the use of recreational marijuana for those who […]
November 11, 2020

Going Back to Work Safely: New Jersey Implements Mandatory Protocols to Reduce COVID-19 Threat

By Francine Foner, Esq., and Ty Hyderally, Esq. As New Jersey’s economy continues to gradually reopen and more New Jersey employees return to the workplace, COVID-19 […]
November 6, 2020

What if My Employer Is Shut Down for Disobeying Executive Orders?

By: Jennifer Vorih, Esq., Ty Hyderally, Esq., and Michael Chachura A favorite local restaurant—Cuban Pete’s in Montclair— had its locks changed by the Montclair Police Department and […]
October 27, 2020

Dove’s CROWN Act Prohibits Discrimination Based on Hairstyle

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. Last year, beauty brand Dove set out to make the CROWN Act into law nationwide. “CROWN” stands […]
October 23, 2020

Are You a COVID-19 “Long-Hauler” Worried about Your Employment Rights?

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. Many months into the COVID-19 pandemic, its effects on businesses, government agencies, employees and workers in general continue […]
October 20, 2020

Third Circuit Finds Public Employee’s COVID-19 Alert Entitled to First Amendment Protection

By Francine Foner, Esq., and Ty Hyderally, Esq. Can an employee warn other employees of their potential exposure to COVID-19 without risk of reprisal by their […]
October 13, 2020

The Equal Employment Opportunity Commission Updates Guidance on Disability-Related Inquiries in the Workplace

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. Last month, the Equal Employment Opportunity Commission updated its guidelines concerning whether and when employers may request […]
October 9, 2020

Public Agency in New Jersey Faces a Discrimination and Retaliation Trial Next Month

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. A race discrimination and retaliation complaint filed in Essex County, NJ, scheduled for trial next month, November 2020, […]
October 6, 2020

Roadmap to Retaliation: Court Upholds Jury Finding that School District Retaliated Against Security Guard

By Jennifer Vorih, Esq., Ty Hyderally, Esq. On September 15, 2020, the Appellate Division affirmed a trial court decision that the Randolph Township Board of Education […]
September 30, 2020

Supreme Court Justice Ruth Bader Ginsberg: A Brief Look at RBG’s Many Contributions to Equality in the Workplace

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. For many, Supreme Court Justice Ruth Bader Ginsberg, more aptly known as RBG, symbolized a beacon of […]
September 25, 2020

Appeals Court Decision Poses a Cautionary Tale on Criminal Background Checks

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. In this day and age in which the controversial issue of systemic racism is widely discussed and analyzed, […]
September 24, 2020

Help with Day Care Costs Due to COVID-19 School Closures Proposed

By Francine Foner, Esq., Ty Hyderally, Esq. On September 14, 2020, New Jersey State Senator Kristin M. Corrado introduced Senate Bill 2904, aimed at providing some […]
September 22, 2020

New Jersey Protects its Essential Workers

By Jennifer Vorih, Esq., Ty Hyderally, Esq. On September 14, 2020, New Jersey Governor Phil Murphy signed into law a bill which provides that certain essential […]
September 17, 2020

NJ Law Enforcement Diversity Requirement Is on the Way!

By: Chantal N Guerriero, Esq. and Ty Hyderally, Esq. New Jersey Assembly Bill 2394 (the “Bill”), recently passed in both houses. The Bill requires law enforcement […]
September 14, 2020

Good News for Undocumented Workers in New Jersey!

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. In a much-celebrated measure by workers’ and immigrants’ rights advocates, immigrants in New Jersey may now pursue professional […]
September 9, 2020

Casino Security Director Dealt A Winning Hand on Discrimination and Retaliation Claims

By Francine Foner, Esq., Ty Hyderally, Esq. The New Jersey Appellate Division recently reversed and remanded, for trial, a lower court’s dismissal of nearly all of […]
September 8, 2020

Teachers Returning to Work – In or Out of School

By Jennifer Vorih, Esq., Ty Hyderally, Esq. Since New Jersey Governor Phil Murphy issued his first Executive Order regarding the COVID-19 pandemic, parents have been wondering […]
September 1, 2020

Are you Pregnant and Worried about Your Rights in the Workplace?

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. Thanks to the hard work of employment rights advocates and feminist organizations, pregnant women enjoy many more legal […]
August 29, 2020

Employers Will be Held Accountable for their Actions

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. Recently, Governor Murphy announced his intentions to clarify and strengthen New Jersey’s anti-discrimination and harassment statute, the […]
August 25, 2020

#Me Too Meets High Fashion: Designing Women Deserve Their Day in Court

By Francine Foner, Esq., Ty Hyderally, Esq. LVMH Moët Hennessy Louis Vuitton Inc. (“LVMH”), based in Paris, France, is comprised of 75 “houses” of high-end products, […]
August 24, 2020

Got Young Kids? Need to Return to the Workplace? Good Luck!

By Jennifer Vorih, Esq., Ty Hyderally, Esq. The last several months have laid bare some of the racism and sexism ingrained in our society.  For decades, […]
August 21, 2020

Thursday, August 13, 2020 was Black Women’s Equal Pay Day

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. August 13, 2020 was Black Women’s Equal Pay Day. The day signified the wage gap between black […]
August 11, 2020

Are You Owed Unpaid Commissions as a New Jersey Independent Sales Rep?

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. If you are a sales contractor and have not received all sales commissions after your contract with a […]
August 6, 2020

NJDCR Finds Probable Cause for Claims of Race and “Reverse” Age Discrimination

By Francine Foner, Esq., Ty Hyderally, Esq. In a press release issued by the New Jersey Division on Civil Rights (DCR) and Attorney General Gurbir S. […]
August 4, 2020

What if My Employer is Violating Pandemic-Related Guidance?

By Jennifer Vorih, Esq., Ty Hyderally, Esq. New Jersey Governor Phil Murphy has issued a number of Executive Orders since the COVID-19 pandemic was declared.  The […]
August 2, 2020

Has the Pandemic Changed Your Work Duties? You’re Not Alone!

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. As restrictions begin to lift, many employees throughout the country are gradually returning to work. But for […]
July 30, 2020

Protections are On the Way for Essential Workers who Test Positive for COVID-19

By: Lía Fiol-Matta, Esq. Ty Hyderally, Esq. On July 27, 2020, the New Jersey Senate sent to the Assembly Appropriations Committee Senate Bill No. 2380, which […]
July 29, 2020

A Good Day in the Courtroom for Victims of Workplace Sexual Harassment

By Francine Foner, Esq. and Ty Hyderally, Esq. Shanique Wells (“Wells”) was hired by AAA North Jersey (“AAA”) in November 2013 as a Marketing Manager. After […]
July 27, 2020

SCOTUS Tacitly Approves Salary History Ban

By Jennifer Vorih, Esq., Ty Hyderally, Esq. Rewriting history can be a very difficult task, and can have unintended consequences. Sometimes, though, un-writing history can be […]
July 21, 2020

Employees are Protected Against Discrimination – Except if They Work for a Religious Organization

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. In a 7-2 opinion reversing the U.S. 9th Circuit Court of Appeals’ ruling in favor of two lay […]
July 16, 2020

NJ Supreme Court Upholds Arbitration Provision in Employment Contract

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq.           Yesterday, the Supreme Court ruled to uphold an arbitration agreement in two cases between transportation workers […]
July 13, 2020

Employees Fired for Expressing their Views

By Jennifer Vorih, Esq., Ty Hyderally, Esq. We are in a very unique time in our country’s history. Many protests are happening throughout New Jersey and […]
July 8, 2020

LGBTQ-Inclusive Curriculum in NJ Schools is No Longer Optional

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. As most are aware of, recent progress surrounding the legal rights of LGBTQ+ employees in the workplace […]
July 7, 2020

Don’t Consent! Read this First when Presented with an Arbitration Agreement

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. On June 14, 2020, a New Jersey federal judge ruled that 151 plaintiffs (comprised of over 350 individuals) […]
July 4, 2020

Great News for New Jersey Employees – Major Expansions in the Paid Family Leave Program

By Francine Foner, Esq. and Ty Hyderally, Esq. Governor Murphy recently signed into law, amendments to New Jersey’s paid family leave program which substantially expanded eligibility, […]
June 30, 2020

There’s No Denying It Anymore: Systemic Racism Still Occurs in the Workplace Today

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. The devastating effects of both covert and overt racism have swept the nation into a call for […]
June 25, 2020

Issues with Employees Returning to Work in Montclair, NJ.

By Jennifer Vorih, Esq., Ty Hyderally, Esq. Montclair, and the rest of New Jersey, has now entered Stage 2 of Reopening.  This means that salons and […]
June 19, 2020

Victory for LGBTQ Employees Nationwide!

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. After decades in which Congress has considered and failed to pass measures adding sexual orientation to the list […]
June 18, 2020

Breaking Ranks: Crossing the Thin Blue Line to Report Race Discrimination

By Francine Foner, Esq. and Ty Hyderally, Esq. The whole world is currently focused on the systemic racism that permeates many police departments throughout the United […]
June 18, 2020

Race Discrimination in Employment Continues

By Jennifer Vorih, Esq., Ty Hyderally, Esq. With all of the recent news of police brutality against African-Americans, anyone who has been on the internet or […]
June 15, 2020

Pandemic Prompts Proposed Amendments to New Jersey Earned Sick Leave Law

By Francine Foner, Esq., Ty Hyderally, Esq. On October 10, 2018, the New Jersey Legislature passed the New Jersey Earned Sick Leave Law, N.J.S.A. 34:11D-1 (“NJESLL”) […]
June 12, 2020

More Flexible Federal Loan Bill Could Mean Big Help for Small NJ and NY Businesses

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. Last week, new legislation modifying the current Paycheck Protection Program (“PPP”) was unanimously passed by the U.S. […]
June 5, 2020

Your Office Might Reopen Soon … Or Not?

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. As we enter the summer, many workers who have stayed home for several months under state mandates addressing […]
June 4, 2020

New Jersey Enters Stage 2 of Restart and Recovery

By Jennifer Vorih, Esq., Ty Hyderally, Esq. New Jersey Governor Phil Murphy announced yesterday that the next phase in restarting New Jersey’s economy will begin on […]
May 30, 2020

Not So Fast… New Jersey Trial Court Improperly Dismissed Discrimination and Whistleblowing Claims Prior To Discovery

By: Francine Foner, Esq. and Ty Hyderally, Esq. The Appellate Division recently reversed a lower court ruling dismissing the discrimination and whistleblowing claims of Suketu H. […]
May 28, 2020

Emiliano Rios did the Right Thing!

By Jennifer Vorih, Esq., Ty Hyderally, Esq. Sometimes, it is unclear what is the right thing to do. Other times, it is glaringly obvious. Like when […]
May 27, 2020

Governor Murphy Signs Order Phasing in Looser Restrictions in NJ

By: Chantal N Guerriero, Esq. and Ty Hyderally, Esq. As one of the hardest-hit states in the country, New Jersians have added risks to assess when […]
May 19, 2020

A Party Can Prevail in a New Jersey Lawsuit — Regardless of Damages

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. In a May 8, 2020 ruling, the Appellate Division of the New Jersey Superior Court protected the right […]
May 13, 2020

Confirming Protections for New Jersey Essential Workers

By Jennifer Vorih, Esq., Ty Hyderally, Esq. While many New Jersey employees are at home, either working or having been laid off, others are going in […]
May 8, 2020

Frontline Workers: Hazard Pay Could be Coming Your Way

By Chantal N Guerriero, Esq. and Ty Hyderally, Esq. On May 1, 2020, the “Hazardous Duty Pay for Frontline Federal Workers Act” (the “Act”) was introduced […]
May 3, 2020

NJ Court Awards Significant Punitive Damages In Failure To Accommodate Case

By Francine Foner, Esq., Ty Hyderally, Esq. It may seem like the only thing courts are doing these days is issuing various restrictions and orders related […]
May 2, 2020

Taking Sides in an Employment Dispute… What Are My Protections?

By Lía Fiol-Matta, Esq., Ty Hyderally, Esq. Being forced to take sides, especially when pressured to say and do things we do not agree with, is […]
April 29, 2020

Relief For New Jersey’s Self-Employed Impacted By COVID-19

By Francine Foner, Esq., Ty Hyderally, Esq. The New Jersey Department of Labor (NJDOL) recently published additional guidance on the expansion of unemployment benefits available to […]
April 24, 2020

Can My Employer Really Take My Temperature Every Day?

By Jennifer Vorih, Esq., Ty Hyderally, Esq. Many employers in New Jersey and elsewhere have begun to take temperatures of employees and vendors, to help prevent […]
April 22, 2020

NJ Expands the Family Leave Act During the Pandemic

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. A new Bill which may impact New Jersey employees during the COVID-19 pandemic was approved by the […]
April 21, 2020

Can Your Employer Refuse to Allow You to Work Remotely During COVID-19?

By Francine Foner, Esq., Ty Hyderally, Esq. As the COVID-19 pandemic continues, many employees are working remotely and becoming Zoom savvy. There are, however, instances where […]
April 20, 2020

Essential Employees Are Further Protected In New Jersey

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. In the wake of the current pandemic, Governor Phil Murphy of New Jersey has signed 24 executive orders […]
April 13, 2020

Recovered from COVID-19? Congratulations! Need a Note to Return to Work? Best wishes…

By Jennifer Vorih, Esq., Ty Hyderally, Esq. Every New Jersey employee has been affected in some way by the current pandemic. Thousands upon thousands of workers […]
April 9, 2020

Department of Labor Clarifies Families First Coronavirus Response Act (“FFCRA”)

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. In a recent blog, we outlined the federal government’s new Families First Coronavirus Response Act (“FFCRA”), one […]
April 5, 2020

The Impact of COVID-19 on EEOC Guidance

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. The Equal Employment Opportunity Commission (EEOC) enforces federal workplace anti-discrimination laws including the Americans with Disabilities Act, Pub. […]
April 1, 2020

Non-Essential NJ Workers’ Access To Child Care Centers On Hold

By Francine Foner, Esq. and Ty Hyderally, Esq. On March 25, 2020, Governor Murphy signed yet another Executive Order involving business restrictions as a result of […]
March 30, 2020

Unemployment Compensation in the Time of COVID-19

By Jennifer Vorih, Esq., Ty Hyderally, Esq. Workers in New Jersey and across the country are becoming unemployed in droves, and wondering how they are going […]
March 27, 2020

Can I Refuse to Go to Work During the COVID-19 Outbreak?

By: Chantal N. Guerriero, Esq. and Ty Hyderally Esq. Along with these particularly uncertain times facing the American workforce will undoubtedly come a flood of questions […]
March 24, 2020

President Signs Coronavirus Relief Package into Law

By Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. During these trying times of national pandemic involving the Coronavirus or COVID 19, it is important for employees […]
March 23, 2020

Your Job Offer Is Rescinded Due to COVID-19 – What Now?

By Francine Foner, Esq. and Ty Hyderally, Esq. The sudden impact of the COVID-19 pandemic on business as usual took many New Jersey employees and employers […]
March 2, 2020

A Reminder to NJ Employees: Sick Leave is Required by Law!

By: Chantal N. Guerriero, Esq. and Ty Hyderally Esq. The New Jersey Department of Labor recently issued final regulations on the New Jersey Earned Sick Leave […]
February 24, 2020

New Senate Bill Aims to End Unfair and Discriminatory Scheduling Practices in New Jersey

By Lía Fiol-Matta, Esq., Ty Hyderally, Esq. On January 27, 2020, New Jersey Senators Loretta Weinberg and Nia H. Gill introduced Senate Bill 921 (“New Jersey Fair […]
February 14, 2020

The Future of Employment Arbitrations in New Jersey: Secrets Revealed

By Francine Foner, Esq. and Ty Hyderally, Esq. One of the reasons that employers favor resolving employment disputes through arbitration over going to court is that […]
February 3, 2020

NJ Employees – Your Rights Just Improved!

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. A new wave of employee-friendly protections designed to educate employees and encourage them to stand up for […]
January 29, 2020

A Great Win for Pregnant Workers in New Jersey

By Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. In the first New Jersey state court published opinion of 2020, the Appellate Division held that a township’s […]
January 23, 2020

Employer Mandated Arbitration No More? Maybe!!

By Francine Foner, Esq. and Ty Hyderally, Esq. As discussed in an earlier blog, on March 18, 2019, Governor Philip D. Murphy signed into law Bill […]
January 10, 2020

New Jersey Employee Earned Tenure while in Civil Service Position

By Jennifer Vorih, Esq., Ty Hyderally, Esq. The New Jersey Supreme Court recently affirmed the Appellate Division’s decision that a school district employee had earned tenure […]
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 […]
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 […]
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 […]
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 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 […]
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 […]
April 28, 2016

Employment at Will

Understandably, many of our clients and potential clients do not know some of the basics of employment law in New Jersey. Some people feel that they […]
March 29, 2016

The Ongoing Debate About Pay Secrecy Policies

Pay Secrecy Policy Equals Gagging the Voices of Employees Equals Potential Legal Exposure Employer policies, such as pay secrecy or pay confidentiality rules have long been […]
February 8, 2016

Employment and Marital Status Discrimination

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 […]
June 18, 2015

The EEOC Must Answer To The Judiciary Regarding Its Efforts To Settle Discrimination Cases Prior To Filing Suit

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. […]
April 8, 2015

Employees Challenge Termination Based Upon Their Personal Text Messages

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 9, 2015

Mitigation of Damages

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

Iqbal, Shmiqbal: Have the “New” Pleading Standards Really Made a Difference in Employment Litigation?”

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. […]
January 29, 2015

America’s Workers Sick of Not Being Able To Take Paid Sick Days

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 16, 2015

What are Your Rights as a Breastfeeding Mother in New Jersey?

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 […]
September 22, 2014

Sexual Harassment in the Workplace

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

Big Changes for New Jersey Whistleblower Law

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

Pay Docking for Salaried Employees – Employers and Employees, Beware!

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 […]