employment law

Employment Law Blog


September 10, 2015

If You Lose a Job You Love, Do You Have to Take Any Old Job?

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

Civil Service Employees’ Right to Attorney’s Fees Not Precluded by Voluntary Dismissal

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

Disability: Frequently Asked Questions

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

Houlihan’s “Tip Pooling” Policy Challenged in Class Action

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

More Workers Will Soon Be Eligible for Overtime

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

The Challenges of Breastfeeding in the Workplace

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

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. […]
June 11, 2015

Can Your Boss Really Track Your Movements Every Minute of Every Day?

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

Can you Be Fired for Transitioning at Work?

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 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 23, 2015

Mandatory Paid Sick Leave Arrives in Montclair NJ

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

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. […]
February 13, 2015

On-Demand: It’s Not Just for Television Anymore

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

Employment Law – The Cost of Safety

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

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 23, 2015

Blowing The Whistle On Your Employer In New Jersey

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, […]
November 22, 2014

New Jersey Takes Pregnancy Discrimination Seriously

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, […]
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 […]
June 7, 2014

Employer Discrimination Against Individuals with a Criminal Record

“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 […]
April 2, 2014

Facebook Could Cost You $$

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

Getting “High” on the Job – Medical Marijuana and the Workplace

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

A Dollar More, Still Not a Wage?

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

Bridgegate

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, […]