Employment Law Blog


July 20, 2017

Missed Opportunity: Grande v. St. Clare’s

  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 […]
July 11, 2017

Can an Employer Fire an Employee with a Mental Disability for Violating the Employer’s Code of Conduct?

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?

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

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

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?

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?

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

  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 […]
April 27, 2017

Good Faith Belief of FMLA Violation Justifies Termination

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

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

  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. […]
March 24, 2017

Paid Sick Leave in New Jersey

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?

Who is an Employee, Who is an Independent Contractor, and Why Does It Matter? March 17, 2017   Luis Hansen, Esq. Ty Hyderally, Esq.   A […]
March 13, 2017

DISTRICT COURT MAY DECIDE WHETHER MONTCLAIR STATE UNIVERSITY WAIVED ITS IMMUNITY TO SUIT FOR LAD DISCRIMINATION CLAIMS

DISTRICT COURT MAY DECIDE WHETHER MONTCLAIR STATE UNIVERSITY WAIVED ITS IMMUNITY TO SUIT FOR LAD DISCRIMINATION CLAIMS March 3, 2017 Francine Foner, Esq. Ty Hyderally, Esq. […]
February 28, 2017

What is a Rice Notice, and What Should I Do If I Get One?

  What is a Rice Notice, and What Should I Do If I Get One? February 27, 2017   Many New Jerseyans who are public employees, […]
February 3, 2017

Third Circuit Recognizes Age Subgroups in ADEA Claims

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

Can an Employer Take an Employee’s Tips?

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, […]
January 25, 2017

Can an Employer Take an Employee’s Tips?

In New Jersey, an employer cannot take away a “tipped-employee’s” tips. Under New Jersey law, a “tipped employee” is one who “customarily and regularly receives more […]
December 29, 2016

Emotional Distress Damages

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

When Does Workplace Bullying Become Illegal Harassment in New Jersey?

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

Mandatory Overtime: Can Employees Refuse to Work Overtime Hours?

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

New Jersey Workers Can Have Two Employers

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 […]
November 4, 2016

New Jersey Assemblyman Introduces Bill to Prohibit Award of Punitive and/or Non-Economic Damages Against Public Entities and Employees

Although a number of prior attempts to pass similar legislation have failed, a new bill, A4252, was introduced by New Jersey Assemblyman Michael Patrick Carrol (R-Morris) […]
October 10, 2016

English Only Rules: Can An Employer Forbid You From Speaking Another Language at Work?

An increasingly common concern among employees who are bilingual or do not speak English is whether an employer can enforce an “English-Only” policy or rule at […]
September 21, 2016

Recent Whistleblower Retaliation Decision

  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

Jury Duty in New Jersey

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

Unemployment Benefits: What You Don’t Know Can Hurt You

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

Employers Cannot Have Their Cake and Eat it Too

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

Employment at Will

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

Raising Minimum Wage: The Effect on Exempt Employees

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

Public Unions Land a Major Victory Under Supreme Court’s Split Decision

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

The Ongoing Debate About Pay Secrecy Policies

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

Court Addresses Venue Selection In Wrongful Termination Suit

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

No, Your Boss Can’t Make You See a Psychiatrist Just Because Someone Said You’re Unstable

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

Employment and Marital Status Discrimination

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

Can an employer simply ignore a male employee going around and hugging female employees?

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

“No-Tipping” Policy Is Not The Solution To Pay Equity For Servers

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

Family and Medical Leave Act Requires Employers to Give Employees an Opportunity to Cure Deficient Medical Certifications

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

VETERANS AFFAIRS (“VA”) EMPLOYEES: Targets of Retaliation

“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

Whistleblower Protection in New Jersey Gets a Boost!

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

New Jersey Supreme Court to Consider State Employers’ Immunity from Employee ADA Claims

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

Employees Allowed to Criticize Their Employers In Emails and Social Media

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

If You Lose a Job You Love, Do You Have to Take Any Old Job?

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

Civil Service Employees’ Right to Attorney’s Fees Not Precluded by Voluntary Dismissal

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

Disability: Frequently Asked Questions

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

Houlihan’s “Tip Pooling” Policy Challenged in Class Action

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

More Workers Will Soon Be Eligible for Overtime

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

The Challenges of Breastfeeding in the Workplace

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

The EEOC Must Answer To The Judiciary Regarding Its Efforts To Settle Discrimination Cases Prior To Filing Suit

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

Can Your Boss Really Track Your Movements Every Minute of Every Day?

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

Can you Be Fired for Transitioning at Work?

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

New Jersey Gay Conversion Therapy Ban Survives Constitutional Challenges

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

Employees Challenge Termination Based Upon Their Personal Text Messages

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

Mandatory Paid Sick Leave Arrives in Montclair NJ

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

Mitigation of Damages

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

Iqbal, Shmiqbal: Have the “New” Pleading Standards Really Made a Difference in Employment Litigation?”

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

On-Demand: It’s Not Just for Television Anymore

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

Employment Law – The Cost of Safety

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

America’s Workers Sick of Not Being Able To Take Paid Sick Days

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

Blowing The Whistle On Your Employer In New Jersey

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

What are Your Rights as a Breastfeeding Mother in New Jersey?

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

New Jersey Takes Pregnancy Discrimination Seriously

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

Sexual Harassment in the Workplace

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

Big Changes for New Jersey Whistleblower Law

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

Pay Docking for Salaried Employees – Employers and Employees, Beware!

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

Employer Discrimination Against Individuals with a Criminal Record

“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

PPP – Pregnancy People Protected

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

Facebook Could Cost You $$

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

Getting “High” on the Job – Medical Marijuana and the Workplace

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

A Dollar More, Still Not a Wage?

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

Bridgegate

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, […]
July 20, 2017

Missed Opportunity: Grande v. St. Clare’s

  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 […]
July 11, 2017

Can an Employer Fire an Employee with a Mental Disability for Violating the Employer’s Code of Conduct?

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?

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

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

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?

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?

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

  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 […]
April 27, 2017

Good Faith Belief of FMLA Violation Justifies Termination

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 […]