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Employment Law Blog
June 6, 2016
Published by Ty Hyderally at June 6, 2016
Categories
New Jersey employees who have been terminated often fail to realize that no unemployment benefits can be paid to them for any week before they actually […]
May 1, 2016
Published by Ty Hyderally at May 1, 2016
Categories
The New Jersey Appellate Division recently struck down an arbitration provision contained in an employee handbook which included a disclaimer of any contractual relationship between the […]
April 28, 2016
Published by Ty Hyderally at April 28, 2016
Understandably, many of our clients and potential clients do not know some of the basics of employment law in New Jersey. Some people feel that they […]
April 15, 2016
Published by Ty Hyderally at April 15, 2016
On April 4, 2016, the governors of New York and California each signed legislation that will bring their respective state’s minimum wage to $15 per hour[1]. […]
April 1, 2016
Published by Ty Hyderally at April 1, 2016
Categories
In a 4 – 4 split decision, the Supreme Court handed a major victory to public unions this week by maintaining the current state of labor […]
March 29, 2016
Published by Ty Hyderally at March 29, 2016
Pay Secrecy Policy Equals Gagging the Voices of Employees Equals Potential Legal Exposure Employer policies, such as pay secrecy or pay confidentiality rules have long been […]
March 21, 2016
Published by Ty Hyderally at March 21, 2016
Categories
An employee who decides to sue a former employer for unlawful termination must not only determine what potential claims he or she may have against the […]
March 10, 2016
Published by Ty Hyderally at March 10, 2016
NJ Appellate Division: Employer Violated ADA by Ordering Fitness for Duty Examination The New Jersey Appellate Division recently held that the Township of Lakewood violated the […]
February 8, 2016
Published by Ty Hyderally at February 8, 2016
New Jersey Supreme Court To Decide Whether Employer’s Discharge Of An Employee Because Of The Anticipated Effect Of The Employee’s Imminent Divorce On The Workplace Violates New […]
December 3, 2015
Published by Ty Hyderally at December 3, 2015
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Appellate Division Relies Upon Aguas To Dismiss Claims Of Sexual Harassment Without Giving Due Consideration To Reasonableness Of Victim’s Delay In Formally Complaining Can an employer […]
November 13, 2015
Published by Ty Hyderally at November 13, 2015
Categories
In July, we wrote about a class action against Houlihan’s restaurant in which servers challenged the restaurant’s tip pooling policy as illegally sharing tips with non-servers. […]
October 29, 2015
Published by Ty Hyderally at October 29, 2015
Categories
Qualifying New Jersey employees have job protection under the United States Family and Medical Leave Act (“FMLA”), in case they need to take time off work […]
October 15, 2015
Published by Ty Hyderally at October 15, 2015
“You are killing me” – The parting words of Christopher Kirkpatrick (“Kirkpatrick”), a 38 year-old clinical psychologist at the Veterans Affairs (VA) facility, in Tomah, Wisconsin, […]
October 9, 2015
Published by Ty Hyderally at October 9, 2015
Employees and their advocates can rejoice in a recent New Jersey Supreme Court decision: Joel S. Lippman, M.D. v. Ethicon, Inc. and Johnson & Johnson, Inc. […]
September 24, 2015
Published by Ty Hyderally at September 24, 2015
If you work for New Jersey or one of its entities, you may be barred from pursuing a claim under the Americans with Disabilities Act (ADA) […]
September 17, 2015
Published by Ty Hyderally at September 17, 2015
Categories
Are you allowed to criticize your boss or place of employment in a mass email or on Facebook? The answer is yes, if your speech falls […]
September 10, 2015
Published by Ty Hyderally at September 10, 2015
Categories
New Jersey employees who lose their jobs, whether they are fired or laid off, usually want to receive unemployment compensation for the time they are searching […]
August 24, 2015
Published by Ty Hyderally at August 24, 2015
Categories
Laws affecting employees often contain fee shifting provisions which provide that the “prevailing party” is entitled to be paid for their attorney’s fees and costs. That […]
August 7, 2015
Published by Ty Hyderally at August 7, 2015
Many New Jersey workers who are dealing with temporary or permanent disabilities have questions about whether they can take time off work, and still be able […]
July 16, 2015
Published by Ty Hyderally at July 16, 2015
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Working as a server in a restaurant is appealing to many employees because of the potential to increase their earnings through tips. Presumably, the hope of […]
July 1, 2015
Published by Ty Hyderally at July 1, 2015
Things are looking up for low-to mid-wage workers who are paid a salary and thus do not receive overtime pay. The United States Department of Labor […]
June 25, 2015
Published by Ty Hyderally at June 25, 2015
Despite the passage of The Patient Protection and Affordable Care Act of 2010 (PPACA), women who wish to continue breastfeeding after returning to work still face […]
June 18, 2015
Published by Ty Hyderally at June 18, 2015
The EEOC’s duty to settle cases before filing suit in federal court is subject to judicial review, the Supreme Court recently held. Mach Mining, LLC v. […]
June 11, 2015
Published by Ty Hyderally at June 11, 2015
Categories
Many employers are keeping tabs on their employees in new and different ways. For instance, many employees who drive as part of their work duties have […]
June 4, 2015
Published by Ty Hyderally at June 4, 2015
While Bruce Jenner can actually earn money because he is transitioning, or announcing that he is transitioning, most transsexuals cannot. In contrast, many transsexuals who are […]
April 23, 2015
Published by Ty Hyderally at April 23, 2015
Categories
New Jersey’s relatively recent ban on gay conversion therapy for minors went into effect on August 19, 2013 (the “Act”).[1] The Act was passed after numerous […]
April 8, 2015
Published by Ty Hyderally at April 8, 2015
Categories
When private employees exchange text messages using their personal phones, outside of the workplace, and on their own time, should the content of those text messages […]
March 23, 2015
Published by Ty Hyderally at March 23, 2015
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Montclair New Jersey passed a paid sick leave ordinance in November, 2014. Thus, as of March 4, 2015, Montclair employers are required to provide paid sick […]
March 9, 2015
Published by Ty Hyderally at March 9, 2015
Categories
In employment discrimination cases, the issue of damages is often central in our client’s minds. A successful plaintiff in such cases can receive back pay, front […]
February 19, 2015
Published by Ty Hyderally at February 19, 2015
1st Circuit In the First Circuit, a few cases set the stage for interpreting Twombly and Iqbal in employment law pleadings. In Manning v. Boston Med. […]
February 13, 2015
Published by Ty Hyderally at February 13, 2015
Categories
On-demand services seem to be all the rage. You’ve probably heard of, if not used, Uber, the on-demand taxi service. With Uber, you can have a […]
February 6, 2015
Published by Ty Hyderally at February 6, 2015
Categories
The Americans with Disabilities Act (ADA) is a federal law that protects disabled individuals from discrimination not only in employment but also in places of public […]
January 29, 2015
Published by Ty Hyderally at January 29, 2015
Categories
There is as of yet no federal paid sick leave law in the United States, which is the only developed country in the world that does […]
January 23, 2015
Published by Ty Hyderally at January 23, 2015
Categories
For years, New Jersey has had one of the strongest laws in the country protecting whistleblowers in the workplace. The New Jersey Conscientious Employee Protection Act, […]
January 16, 2015
Published by Ty Hyderally at January 16, 2015
While the New Jersey Law Against Discrimination was recently amended to specifically include pregnancy discrimination, there is no current statutory law in New Jersey which provides […]
November 22, 2014
Published by Ty Hyderally at November 22, 2014
Categories
Pregnancy can be a physically demanding time. You may find you have more trouble standing for a full shift. You may need to take extra-bathroom breaks, […]
September 22, 2014
Published by Ty Hyderally at September 22, 2014
Every employee feels unhappy at work sometimes. Bosses and coworkers may frustrate and irritate you. However, some workplace behavior crosses the line such as in the […]
August 24, 2014
Published by Ty Hyderally at August 24, 2014
Categories
New Jersey’s whistleblower statute, the Conscientious Employee Protection Act (“CEPA”), N.J.S.A. 34:19-1 protects employees against retaliation if they choose to disclose a policy or practice of […]
July 12, 2014
Published by Ty Hyderally at July 12, 2014
Categories
If a salaried employee is late for work, can the employer dock that employee’s pay to account for the missed hours? In most cases, the answer […]
June 7, 2014
Published by Ty Hyderally at June 7, 2014
“Have you ever been convicted of a crime?” Traditionally, employers ask this question on job applications to screen out applicants. Checking the “yes” box in response […]
May 6, 2014
Published by Ty Hyderally at May 6, 2014
Finally, New Jersey joins other states in protecting pregnant women. It is really shocking that a state like ours which has such broad remedial statutes did […]
April 2, 2014
Published by Ty Hyderally at April 2, 2014
Categories
On February 28, 2014, Yahoo published an article entitled “Daughter’s Facebook Brag Costs Her Family $80,000.” The title itself sounds horrifying, especially since most parents consistently […]
March 14, 2014
Published by Ty Hyderally at March 14, 2014
Categories
The first Medical Marijuana dispensary in New Jersey opened in Montclair, NJ over a year ago. The initial legalization of marijuana undoubtedly raised concerns among employers, […]
February 24, 2014
Published by Ty Hyderally at February 24, 2014
Categories
In November of 2013, New Jersyians flocked to the polls and ultimately decided that the minimum wage just wasn’t cutting it. The citizens of the Garden […]
January 10, 2014
Published by Ty Hyderally at January 10, 2014
Categories
Recently, New Jersey has been thrust into the national spotlight due to Bridgegate – the Chris Christie George Washington Bridge (“GWB”) scandal. On January 9, 2014, […]
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September 22, 2017
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 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 August 23, 2017 Francine Foner, […]
August 11, 2017
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 July 21, 2017 […]
July 20, 2017
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? June 30, 2017 Luis Hansen, Esq. Ty Hyderally, Esq. […]
July 7, 2017
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 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 June 21, 2017 Francine Foner, Esq. […]
June 5, 2017
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? 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 May 5, 2017 Francine Foner, Esq. Ty Hyderally, Esq. In a […]
April 27, 2017
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 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 March 31, 2017 Jennifer Vorih, Esq. Ty […]
March 24, 2017
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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? 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? February 27, 2017 Many New Jerseyans who are public employees, such as […]
February 3, 2017
Third Circuit Recognizes Age Subgroups in ADEA Claims January 31, 2017 The Age Discrimination in Employment Act protects employees over the age of 40 from […]
January 27, 2017
Categories
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Can an Employer Take an Employee’s Tips? January 17, 2017 In New Jersey, an employer cannot take away a “tipped-employee’s” tips. Under New Jersey law, […]
December 29, 2016
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
Categories
- age discrimination
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- religion discrimination
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A common concern that many employees have is whether they can take legal action against “workplace bullying.” Forbes estimates that up to 75% of workers in […]
November 28, 2016
Categories
- at-will employment
- business entities
- Conscientious Employee Protection Act
- employee rights
- employee wage standards
- employment discrimination
- employment law
- employment lawyer
- Equal Employment Opportunity
- Equal Employment Opportunity Commission
- overtime pay standards
- whistleblowers nj
- wrongful termination
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
Categories
- at-will employment
- Conscientious Employee Protection Act
- employee rights
- employee wage standards
- employment discrimination
- employment law
- employment lawyer
- Equal Employment Opportunity
- Equal Employment Opportunity Commission
- Fair Labor Standards Act
- FLSA
- FMLA
- N.J.S.A
- NJ LAD
- Whistleblower Law
- whistleblowers nj
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
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
While many New Jersey employees are happy, or even eager, to fulfill their civic responsibility to serve on a jury when called, some people live in […]
June 6, 2016
Published by Ty Hyderally at June 6, 2016
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New Jersey employees who have been terminated often fail to realize that no unemployment benefits can be paid to them for any week before they actually […]
May 1, 2016
Published by Ty Hyderally at May 1, 2016
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The New Jersey Appellate Division recently struck down an arbitration provision contained in an employee handbook which included a disclaimer of any contractual relationship between the […]
April 28, 2016
Published by Ty Hyderally at April 28, 2016
Understandably, many of our clients and potential clients do not know some of the basics of employment law in New Jersey. Some people feel that they […]
April 1, 2016
Published by Ty Hyderally at April 1, 2016
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In a 4 – 4 split decision, the Supreme Court handed a major victory to public unions this week by maintaining the current state of labor […]
March 29, 2016
Published by Ty Hyderally at March 29, 2016
Pay Secrecy Policy Equals Gagging the Voices of Employees Equals Potential Legal Exposure Employer policies, such as pay secrecy or pay confidentiality rules have long been […]
March 21, 2016
Published by Ty Hyderally at March 21, 2016
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An employee who decides to sue a former employer for unlawful termination must not only determine what potential claims he or she may have against the […]
February 8, 2016
Published by Ty Hyderally at February 8, 2016
New Jersey Supreme Court To Decide Whether Employer’s Discharge Of An Employee Because Of The Anticipated Effect Of The Employee’s Imminent Divorce On The Workplace Violates New […]
December 3, 2015
Published by Ty Hyderally at December 3, 2015
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Appellate Division Relies Upon Aguas To Dismiss Claims Of Sexual Harassment Without Giving Due Consideration To Reasonableness Of Victim’s Delay In Formally Complaining Can an employer […]
November 13, 2015
Published by Ty Hyderally at November 13, 2015
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In July, we wrote about a class action against Houlihan’s restaurant in which servers challenged the restaurant’s tip pooling policy as illegally sharing tips with non-servers. […]
October 29, 2015
Published by Ty Hyderally at October 29, 2015
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Qualifying New Jersey employees have job protection under the United States Family and Medical Leave Act (“FMLA”), in case they need to take time off work […]
October 15, 2015
Published by Ty Hyderally at October 15, 2015
“You are killing me” – The parting words of Christopher Kirkpatrick (“Kirkpatrick”), a 38 year-old clinical psychologist at the Veterans Affairs (VA) facility, in Tomah, Wisconsin, […]
October 9, 2015
Published by Ty Hyderally at October 9, 2015
Employees and their advocates can rejoice in a recent New Jersey Supreme Court decision: Joel S. Lippman, M.D. v. Ethicon, Inc. and Johnson & Johnson, Inc. […]
September 17, 2015
Published by Ty Hyderally at September 17, 2015
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Are you allowed to criticize your boss or place of employment in a mass email or on Facebook? The answer is yes, if your speech falls […]