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Employment Law Blog
August 11, 2022
Published by Ty Hyderally at August 11, 2022
By: Ty Hyderally, Esq., Francine Foner, Esq On May 4, 2009, Amy Foster (Foster), a registered nurse, began working for Kennedy University Hospital, Inc. (d/b/a Jefferson […]
August 9, 2022
Published by Ty Hyderally at August 9, 2022
By: Ty Hyderally, Esq., Francine Foner, Esq., and Tom Daly From January 2014 to June 2017, Nkemdilum Okakpu (Okakpu) was employed as a full-time non-tenured elementary […]
July 22, 2022
Published by Ty Hyderally at July 22, 2022
By: Ty Hyderally, Esq., Jennifer Vorih, Esq., and Isaac Lee In a recent case, the New Jersey Appellate Division upheld the tenure rights of a public […]
July 13, 2022
Published by Ty Hyderally at July 13, 2022
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By: Ty Hyderally, Esq., Francine Foner, Esq. The federal Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020, when […]
July 11, 2022
Published by Ty Hyderally at July 11, 2022
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By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. A restrictive covenant is an agreement imposed by an employer, under which a potential or departing employee agrees […]
June 29, 2022
Published by Ty Hyderally at June 29, 2022
By: Ty Hyderally, Esq., Francine Foner, Esq., and Tom Daly. New Jersey courts have endeavored to uphold the notion that discriminatory behavior has no place in […]
June 25, 2022
Published by Ty Hyderally at June 25, 2022
By: Isaac Lee, Jennifer Weitz, Esq., and Ty Hyderally, Esq. The New Jersey State Legislature has passed legislation prohibiting an employer’s use of a tracking device […]
June 15, 2022
Published by Ty Hyderally at June 15, 2022
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By: Francine Foner, Esq. and Ty Hyderally, Esq. New Jersey ‘s anti-discrimination law is one of the strongest such laws in the country. Yet it fails […]
June 13, 2022
Published by Ty Hyderally at June 13, 2022
By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. In case anyone needed a reminder of the fraught nature of posting on social media, the New Jersey […]
June 9, 2022
Published by Ty Hyderally at June 9, 2022
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By: Ty Hyderally, Esq., Jennifer Vorih, Esq. and Tom Daly. S993 was passed into law in 2020, amending NJSA Chapter 13A, the Employer-Employee Relations Act (§§ […]
June 6, 2022
Published by Ty Hyderally at June 6, 2022
By: Ty Hyderally, Esq. and Francine Foner, Esq. Can your employer require you to work on the Sabbath where that would conflict with your religious beliefs? […]
June 2, 2022
Published by Ty Hyderally at June 2, 2022
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By: Tom Daly, Jennifer Weitz, Esq., and Ty Hyderally, Esq. A recently introduced bill in the New Jersey Legislature would amend the Law Against Discrimination to […]
May 25, 2022
Published by Ty Hyderally at May 25, 2022
By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. As many in the Garden State are undoubtedly aware, New Jersey recently decriminalized the sale and use of […]
May 20, 2022
Published by Ty Hyderally at May 20, 2022
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By: Ty Hyderally, Esq. and Francine Foner, Esq. NYC job seekers can now have greater assurance that they will know the salary range of positions posted […]
May 18, 2022
Published by Ty Hyderally at May 18, 2022
By: Ashley A. Smith, Esq. and Ty Hyderally, Esq. April 21, 2022 marked the beginning of legal recreational marijuana sales in New Jersey for adults 21 […]
May 16, 2022
Published by Ty Hyderally at May 16, 2022
By: Jennifer Vorih, Esq., Tom Daley, and Ty Hyderally, Esq. While it may seem that the pandemic precipitated the work-from-home movement, Americans had already been demonstrating […]
May 10, 2022
Published by Ty Hyderally at May 10, 2022
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By: Ty Hyderally, Esq. and Francine Foner, Esq. Many employees are required to sign a “non-compete” agreement, which places restrictions for some time period on the […]
April 22, 2022
Published by Ty Hyderally at April 22, 2022
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By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. The coronavirus pandemic created enormous changes in how we live our daily lives, from wearing masks in public, […]
April 20, 2022
Published by Ty Hyderally at April 20, 2022
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By: Francine Foner, Esq. and Ty Hyderally, Esq. On the heels of recent New York legislation mandating that employers in New York State establish a sexual […]
April 13, 2022
Published by Ty Hyderally at April 13, 2022
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By: Jennifer Vorih, Esq., Tom Daley, and Ty Hyderally, Esq. Employee handbooks are a common tool in today’s workplace. They promote consistency in an employer’s treatment […]
April 5, 2022
Published by Ty Hyderally at April 5, 2022
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By: Ty Hyderally, Esq., Francine Foner, Esq., and Tom Daly This February, the U.S. House of Representatives passed, and the U.S. Senate approved, a bill to […]
March 31, 2022
Published by Ty Hyderally at March 31, 2022
By: Ashley A. Smith, Esq. and Ty Hyderally, Esq. We live in challenging times. The COVID-19 pandemic still manifests, war in Europe casts a long shadow […]
March 28, 2022
Published by Ty Hyderally at March 28, 2022
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By: Tom Daly, Jennifer Weitz, Esq., and Ty Hyderally, Esq. Arbitration agreements are legally binding contracts that provide an alternative to civil litigation. They are typically […]
March 24, 2022
Published by Ty Hyderally at March 24, 2022
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By: Jennifer Vorih, Esq., Aaron Schoenfeld, and Ty Hyderally, Esq. When people think of disability, they often think of things like wheelchairs, white canes, and sign […]
March 8, 2022
Published by Ty Hyderally at March 8, 2022
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By: Jennifer Vorih, Esq., Aaron Shoenfeld, and Ty Hyderally, Esq. New Jersey’s legislature recently passed Bill A259, which expands civil service preference eligibility for veterans. The […]
March 3, 2022
Published by Ty Hyderally at March 3, 2022
It started with just one store. As of Twosday, Starbucks employees in 60 stores in 19 states are pushing to have their union recognized as the […]
March 1, 2022
Published by Ty Hyderally at March 1, 2022
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By: Tom Daly, Jennifer Weitz, Esq. and Ty Hyderally, Esq. The New Jersey Legislature recently introduced a bill that would expand the time during which an […]
February 17, 2022
Published by Ty Hyderally at February 17, 2022
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By: Francine Foner, Esq. and Ty Hyderally, Esq. Not all issues at work rise to the level of a violation of discrimination or retaliation laws, or […]
February 14, 2022
Published by Ty Hyderally at February 14, 2022
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When a business changes company policy, it’s not unusual for employees to discuss and critique it amongst themselves. Usually, these discussions stay within the workplace. Adjusted […]
February 11, 2022
Published by Ty Hyderally at February 11, 2022
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By: Tom Daly, Jennifer Weitz, Esq., and Ty Hyderally, Esq. The New Jersey State Legislature has recently introduced a bill that would provide authorized medical cannabis […]
February 8, 2022
Published by Ty Hyderally at February 8, 2022
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By: Francine Foner, Esq. and Ty Hyderally, Esq. The New Jersey District Court recently struck down a mandatory arbitration provision in an employee’s offer letter because […]
January 28, 2022
Published by Ty Hyderally at January 28, 2022
By: Ashley A. Smith, Esq. and Ty Hyderally, Esq. In our last blog post, we discussed the meteoric rise of r/antiwork, a discussion board on popular […]
January 26, 2022
Published by Ty Hyderally at January 26, 2022
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By: Ashley A. Smith, Esq. and Ty Hyderally, Esq. This time last year, one oddball news item stood out from the doom and gloom. It all […]
January 24, 2022
Published by Ty Hyderally at January 24, 2022
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By: Jennifer Vorih, Esq., and Ty Hyderally, Esq. The Supreme Court of New Jersey recently reversed a decision of the Appellate Division, which had held that […]
January 18, 2022
Published by Ty Hyderally at January 18, 2022
By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. In Kamara v. Wayfair, LLC, 2022 U.S. Dist. LEXIS 695, the District Court for the District of New […]
January 17, 2022
Published by Ty Hyderally at January 17, 2022
By: Francine Foner, Esq. and Ty Hyderally, Esq. Under the FLSA, if an employee works more than 40 hours per week, and is not otherwise exempt […]
January 14, 2022
Published by Ty Hyderally at January 14, 2022
By: Jennifer Vorih, Esq., and Ty Hyderally, Esq. In a novel gender discrimination case, the New Jersey Supreme Court recently held that, “actions taken to accommodate […]
January 10, 2022
Published by Ty Hyderally at January 10, 2022
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By: Ashley A. Smith, Esq. and Ty Hyderally, Esq. In touristy parts of the New York metro area, you’ll find wannabe photographers, whole sidewalk-taker-uppers, maddeningly slow […]
January 6, 2022
Published by Ty Hyderally at January 6, 2022
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As online shopping continues to grow by leaps and bounds, the role of warehouse employees has received unprecedented attention. From reports of inadequate bathroom breaks to […]
January 4, 2022
Published by Ty Hyderally at January 4, 2022
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By: Ty Hyderally, Esq., Francine Foner, Esq., Nina Lucibello Earlier this year, the New York State Marijuana Regulation and Taxation Act (“MRTA”), which legalized the recreational […]
December 30, 2021
Published by Ty Hyderally at December 30, 2021
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By: Jennifer Vorih, Esq., and Ty Hyderally, Esq. In a recent decision, the Appellate Division of the New Jersey Superior Court vacated a decision by the […]
December 21, 2021
Published by Ty Hyderally at December 21, 2021
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By: Ashley A. Smith, Esq. and Ty Hyderally, Esq. When just one of more than 15,000 Starbucks locations in the U.S. makes national news, it’s got […]
December 16, 2021
Published by Ty Hyderally at December 16, 2021
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By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. Temporary workers, who historically have had few legal protections intended specifically for them, are the focus of two […]
December 13, 2021
Published by Ty Hyderally at December 13, 2021
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By: Ty Hyderally, Esq., Francine Foner, Esq., Nina Lucibello New York Governor Kathy Hochul recently signed Senate Bill 4394 into law, amending Section 740 of the […]
December 7, 2021
Published by Ty Hyderally at December 7, 2021
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By: Ashley A. Smith, Esq. and Ty Hyderally, Esq. On November 8, 2021, New York Governor Kathy Hochul signed into law A.430/S.2628 (the “Act”), which requires private employers […]
December 2, 2021
Published by Ty Hyderally at December 2, 2021
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By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. New York City recently announced a multimillion-dollar settlement with two home healthcare companies, resolving violations of the NYC […]
November 22, 2021
Published by Ty Hyderally at November 22, 2021
By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. The New Jersey Legislature recently introduced a bill to create the “New Jersey Domestic Workers’ Bill of Rights […]
November 16, 2021
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 […]
May 13, 2021
Published by Ty Hyderally at May 13, 2021
By: Francine Foner, Esq., and Ty Hyderally, Esq. On May 5, 2021, the Department of Labor (DOL) announced it was overturning a rule established during the […]
May 12, 2021
Published by Ty Hyderally at May 12, 2021
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By: Nina Lucibello, Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. Since the beginning of the COVID-19 pandemic, hate crimes against Asian Americans have drastically risen. […]
April 29, 2021
Published by Ty Hyderally at April 29, 2021
By: Francine Foner, Esq. and Ty Hyderally, Esq. Federal and state wage laws are designed to ensure that employees who are covered by the wage laws […]
April 28, 2021
Published by Ty Hyderally at April 28, 2021
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By: Jennifer Vorih, Esq., and Ty Hyderally, Esq. The New Jersey Supreme Court recently affirmed that an employer must pay for medical marijuana prescribed for its […]
April 26, 2021
Published by Ty Hyderally at April 26, 2021
By: Nina Lucibello, Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. The New Jersey Legislature is currently considering a proposal by Senate Majority Leader Loretta Weinberg, […]
April 22, 2021
Published by Ty Hyderally at April 22, 2021
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Under existing New York law, even if an employee is successful in obtaining a judgment against an employer for unpaid wages, he or she may still […]
April 19, 2021
Published by Ty Hyderally at April 19, 2021
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By: Nina Lucibello, Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. In March 2021, President Biden signed the American Rescue Plan Act (“ARPA”) into law, a […]
April 15, 2021
Published by Ty Hyderally at April 15, 2021
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By: Renee Jiang, Francine Foner, Esq., and Ty Hyderally, Esq. The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA” or the “Act”), signed […]
April 14, 2021
Published by Ty Hyderally at April 14, 2021
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By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. On March 25, 2021, the U.S. District Court for the District of New Jersey issued a ruling […]
April 13, 2021
Published by Ty Hyderally at April 13, 2021
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By: Jennifer Vorih, Esq., and Ty Hyderally, Esq. 2020 was a very tumultuous year, and 2021 started off with a violent insurrection. Many employers terminated employees […]
April 12, 2021
Published by Ty Hyderally at April 12, 2021
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By Francine Foner, Esq., and Ty Hyderally, Esq. The recently enacted American Rescue Plan Act of 2021, signed by President Biden on March 11, 2021, does […]
April 7, 2021
Published by Ty Hyderally at April 7, 2021
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By: Jennifer Vorih, Esq., and Ty Hyderally, Esq. Montclair Public Schools began remote learning over a year ago. Remote learning and in-person instruction during the pandemic […]
March 30, 2021
Published by Ty Hyderally at March 30, 2021
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By Renee Jiang, Francine Foner, Esq., and Ty Hyderally, Esq. The economic downturn caused by the COVID-19 pandemic has impacted women disproportionately. More than 12 million […]
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March 30, 2020
Published by Ty Hyderally at March 30, 2020
Categories
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
Published by Ty Hyderally at March 27, 2020
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
Published by Ty Hyderally at March 24, 2020
Categories
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
Published by Ty Hyderally at March 23, 2020
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 […]