In a landmark decision in Bostock v. Clayton County, the Supreme Court of the United States ruled discrimination against LGBTQ employees violates Title VII of the Civil Rights Act of 1964. The 6-3 ruling is significant in...more
6/19/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
In a landmark decision in Bostock v. Clayton County, the Supreme Court of the United States ruled discrimination against LGBTQ employees violates Title VII of the Civil Rights Act of 1964. The 6-3 ruling is significant in...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Just as businesses are beginning to face the initial wave of COVID-19 impacts, lawyers are seeing the first wave of employee lawsuits. It is premature to even call these the tip of the iceberg, but the lessons from these...more
You may recall, in 2019, this blog post reported New Jersey’s Appellate Division joined courts that found an employee may be able to state a disability discrimination claim against an employer who takes an adverse employment...more
They say the only thing in life that is constant is change, and we certainly saw that in 2019. This was a big year for change in employment law as legislators, courts, and regulators, shaped the workplace to reflect societal...more
12/9/2019
/ Arbitration Agreements ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Exempt-Employees ,
Fringe Benefits ,
Hiring & Firing ,
Jurisdiction ,
Medical Marijuana ,
Non-Disclosure Agreement ,
Non-Exempt Employees ,
Over-Time ,
Salary/Wage History ,
Seating ,
State Labor Laws ,
Title VII ,
Wage and Hour ,
Wage Theft ,
Wal-Mart
The wait for new overtime rules is over. As you may recall, the U.S. Department of Labor released a Final Rule which was to go into effect on December 1, 2016, but, due to a court-issued injunction, followed by change of...more
10/3/2019
/ Bonuses ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
On August 6, 2019, New Jersey amended its Wage and Hour Law and adopted the new Wage Theft Act (WTA), creating one of the toughest wage and hour enforcement laws in the country. This law puts a high burden on employers and...more
8/19/2019
/ Adverse Employment Action ,
Criminal Liability ,
Employer Liability Issues ,
Liquidated Damages ,
New Legislation ,
Retaliation ,
State Labor Laws ,
Statute of Limitations ,
Unpaid Wages ,
Wage and Hour ,
Wage Theft ,
Wages
To combat historical imbalances in pay of women and minorities, New Jersey recently passed a bill amending New Jersey’s Law Against Discrimination (LAD) to prohibit employers from asking prospective employees about their...more
As of July 2, 2019, New Jersey has extended workplace protections to employees and healthcare practitioners engaging in activities authorized by New Jersey’s “Jake Honig Compassionate Use Medical Cannabis Act” (the “Act”),...more
7/9/2019
/ Adverse Employment Action ,
Amended Legislation ,
Cannabis Act ,
Disability ,
Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Health Care Providers ,
Marijuana ,
Medical Marijuana ,
Reasonable Accommodation ,
Risk Management ,
State Labor Laws
In the latest salvo in an evolving legal issue, a federal court in Arizona ruled against Walmart in a recent lawsuit for terminating an employee who possessed a valid medical marijuana card after a drug test of the worker...more
Ever since the use of properly prescribed medical marijuana became legal in New Jersey, Courts have grappled with reconciling state and federal laws protecting employees from disability discrimination, and employers’ rights...more
4/2/2019
/ Appeals ,
Compassionate Use Act ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Marijuana ,
Medical Marijuana ,
NJLAD ,
Reasonable Accommodation ,
Termination
Walmart reportedly agreed to pay $65 million to settle a case brought on behalf of nearly 100,000 current and former California cashiers who claimed the company violated their rights under a state law dating back to 1911 when...more
On March 18, 2019, New Jersey Governor Phil Murphy signed a new law, which, among other things, bars employers from requiring employees to sign or enforcing employment contracts that require employees to agree to waive...more
Earlier this week, New Jersey Governor Phil Murphy signed into law a bill providing for an expansion of the New Jersey Family Leave Act (“NJFLA”) in important ways. Prior to this bill, the NJFLA required employers with 50 or...more
2/28/2019
/ Amended Rules ,
Employee Benefits ,
Employee Handbooks ,
Employer Liability Issues ,
Family Members ,
Medical Leave ,
Paid Family Leave Insurance Program ,
Paid Family Leave Law ,
Paid Leave ,
Required Documentation ,
Sick Leave ,
Small Employers ,
State Labor Laws ,
Training Requirements
When Chipotle Mexican Grill Inc. fired store manager Jeanette Ortiz, accusing her of stealing $626 in cash from the safe, it could never have expected its minimal theft loss to balloon into a nearly $8 million jury verdict...more
9/24/2018
/ Chipotle Grill ,
Destruction of Evidence ,
Duty to Preserve ,
Electronically Stored Information ,
Employee Misconduct ,
Employer Liability Issues ,
Former Employee ,
Hiring & Firing ,
Jury Trial ,
Property Theft ,
Punitive Damages ,
Retaliation ,
Wrongful Termination
In Malee v. Anthony & Frank Ditomaso, Inc., the Court served a surprise to a shareholder of a corporation that owned a restaurant, who sought to be dismissed from a FLSA case brought by employees of the restaurant....more
Welcome to the third edition of the Law @ Work Employer Newsletter. For those of you who read the Law @ Work blog, you know that the blog offers an in-depth analysis of important legal developments. This Newsletter fills in...more
9/14/2018
/ Appeals ,
Churches ,
Corporate Liability ,
Department of Labor (DOL) ,
Duty to Preserve ,
Employer Liability Issues ,
Employment Discrimination ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Jury Verdicts ,
Minimum Wage ,
Non-Compete Agreements ,
Punitive Damages ,
Resorts & Restaurants ,
Restrictive Covenants ,
Retaliation ,
Shareholders ,
Spoliation ,
State Law Claims ,
Theft ,
Volunteers ,
Wage and Hour ,
Wrongful Termination