The United States Senate Judiciary Committee, with bipartisan support, has advanced the Protecting Older Americans Act Bill. The bill, which was introduced by Kirsten Gillibrand, D-N.Y., and Lindsey Graham, R-S.C., heads to...more
The United States Equal Employment Opportunity Commission (“EEOC”) is cracking down on the discriminatory treatment of transgender employees. Recently, a New York-based pizzeria agreed to pay $25,000 and agreed to other terms...more
In a previous blog post, I wrote about the elements of a negligence hiring claim and made recommendations how to avoid liability for your business. A negligence in supervision/retention claim has certain similarities to the...more
Effective March 11, 2024, the new independent contractor rule from the United States Department of Labor (DOL) takes effect. This rule change restores an earlier standard that required employers to weigh several factors in...more
1/19/2024
/ ABC Test ,
Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test
Employers’ employees often encounter other members of the public. Those interactions can lead to litigation. For example, as addressed in one of my prior blog posts, an employee could be accused of sexually harassing a...more
Employment Plaintiff attorneys often include an “aiding and abetting” claim against the “deep pocket” employer when they sue for employment discrimination under the New Jersey Law Against Discrimination.
This blog will...more
The New Jersey Appellate Division issued a decision which sheds light on the issue of whether an employee’s sexual harassment of a third-party (non-employee) could subject the employer to liability under the New Jersey Law...more
1/8/2024
/ Appellate Courts ,
Best Practices ,
Customers ,
Discrimination ,
Employer Liability Issues ,
Independent Contractors ,
Landlords ,
Management Companies ,
Non-Employees ,
Real Estate Transactions ,
Sexual Harassment ,
Third-Party ,
Vendors
Employers have a duty to investigate and take appropriate remedial action if an employee complains that another employee texted inappropriate pictures or messages, even if those text messages were sent after regular work...more
Employers must take notice that the United State Equal Opportunity Commission (EEOC) is cracking down on companies that discriminate against workers because they have a mental health condition. Mental health...more
During the COVID-19 pandemic, many employers required their employees to work remotely to comply with state mandates and ensure their employees’ and customers’ health and safety. That resulted in a shift in attitudes...more