On March 17, 2025, the New Jersey Supreme Court ruled that commissions are considered “wages” under the New Jersey Wage Payment Law (“NJWPL”). This critical decision clarifies that commissions are direct monetary compensation...more
3/31/2025
/ Compensation & Benefits ,
Employee Rights ,
Employees ,
Employer Responsibilities ,
Employment Litigation ,
Employment Policies ,
New Jersey ,
NJ Supreme Court ,
Sales Commissions ,
State Labor Laws ,
Wage and Hour ,
Wages
Seyfarth Synopsis: In Flanzman v. Jenny Craig, Inc., the New Jersey Supreme Court reversed the Appellate Division and held that an arbitration agreement may bind the parties even if the agreement does not designate a specific...more
9/15/2020
/ Age Discrimination ,
Arbitration ,
Arbitration Agreements ,
Constructive Discharge ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Federal Arbitration Act ,
Harassment ,
Motion to Compel ,
Unenforceable Contract Terms
Seyfarth Synopsis: In Skuse v. Pfizer, Inc., the New Jersey Supreme Court held that an employee’s continued employment can be deemed to be assent to the terms of an employer’s arbitration agreement.
...more
Employers are challenged to manage demographic and technological changes. Technology is transforming the workplace at an accelerating rate. ...more
Seyfarth Synopsis: On April 2, 2018, the New Jersey Appellate Division reversed an order granting summary judgment to Defendant Legal Cost Control, Inc., finding that New Jersey’s Law Against Discrimination (LAD) may apply to...more
Seyfarth Synopsis: The U.S. District Court for the District of New Jersey recently held that the proper time for a plaintiff to elect whether to proceed with a statutory whistleblower claim under CEPA, or a common law Pierce...more
2/12/2018
/ CEPA ,
Common Law Claims ,
Discovery ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Retaliation ,
Summary Judgment ,
Whistleblower Protection Policies ,
Whistleblowers ,
Wrongful Termination
Seyfarth Synopsis: New Jersey’s Appellate Division upheld summary judgment dismissing a claim of whistleblower retaliation under the Conscientious Employee Protection Act (“CEPA”), finding that plaintiff, an unpaid volunteer...more
Seyfarth Synopsis: The New Jersey Appellate Division reinstated plaintiff’s state law discrimination and retaliation claims, finding the claims were not pre-empted by Section 301 of the LMRA....more
5/26/2017
/ Arbitration ,
Collective Bargaining Agreements (CBA) ,
Department of Transportation (DOT) ,
Discrimination ,
Employment Litigation ,
Grievance Process ,
Hiring & Firing ,
Labor Management Relations Act (LMRA) ,
Medical Examinations ,
Preemption ,
Retaliation ,
Section 301 ,
Trucking Industry ,
Unions ,
Workplace Injury
Seyfarth Synopsis: New Jersey’s Appellate Division determined that an award of unemployment compensation benefits will not offset an award of back pay in cases brought under the New Jersey Law Against Discrimination. ...more
3/10/2017
/ Appeals ,
Back Pay ,
CEPA ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
NLRA ,
Retaliation ,
SAFE Act ,
Unemployment Benefits