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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 […]
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 […]
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 […]
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 […]
June 6, 2016

Unemployment Benefits: What You Don’t Know Can Hurt You

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 […]
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 […]
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 […]
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 […]
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 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, […]
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 […]