Employee’s Request for Religious Accommodation Impacted by Collective Bargaining Agreement Ty Hyderally, Esq., Francine Foner, Esq. November 29, 2018 If you are a union employee seeking […]
DOL Cancels 80/20 Rule for Tipped Employees November 29, 2018 Lía Fiol-Matta, Esq., Ty Hyderally, Esq. Are you a tipped employee in New Jersey or New […]
Mandatory Arbitration Takes Another Hit in New Jersey November 15, 2018 Francine Foner, Esq., Ty Hyderally, Esq. On October 24, 2018, we wrote about two recent […]
New Jersey Removes Employment Obstacles for Most Individuals with Criminal Records November 9, 2018 Lía Fiol-Matta, Esq., Ty Hyderally, Esq. It is now easier for New […]
State Employee Challenges Confidentiality Policy Silencing Victims of Sexual Harassment Francine Foner, Esq., Ty Hyderally, Esq. November 7, 2018 A state employee who is suing […]
Mandatory Arbitration Takes a Hit in New Jersey October 24, 2018 Francine Foner, Esq., Ty Hyderally, Esq. Recent decisions have upheld the enforceability of arbitration agreements […]
Strict New Sexual Harassment Laws in Place in New York! October 11, 2018 Lía Fiol-Matta, Esq. October 9, 2018 was an important deadline in New York […]
Joint Employer Standard May be Changing September 26, 2018 Lía Fiol-Matta, Esq. Are you a cashier who works at one location of a nation-wide chain of […]
Police Officers May Be Entitled to Accidental Disability Benefits for Witnessing Gruesome Events September 28, 2018 Jennifer Vorih, Esq. In a recent decision, the New Jersey […]
New Jersey Unemployment Law Clearer and Better for Employees. September 17, 2018 Francine Foner, Esq. On August 24, 2018, New Jersey Governor Philip D. Murphy signed […]
“I Use Prescribed Medical Marijuana. Could I Lose my Job?” August 31, 2018 Lía Fiol-Matta, Esq. Recreational marijuana is legal in nine (9) states; in addition, […]
I’m Being Harassed by my Supervisor. What Can I Do About it? June 28, 2018 Lía Fiol-Matta, Esq., Ty Hyderally, Esq., and Tyiarah Adewakun Your supervisor yells […]
“Egregiously Wrong” SCOTUS Decision Affects Employees June 7, 2018 Lía Fiol-Matta, Esq., Ty Hyderally, Esq., and Chaitali Gandhi On May 21, 2018, the Supreme Court of […]
More Positive Change For Employees Looking to Litigate Their Claims in Court Rather Than Through Forced Arbitration May 22, 2018 Jennifer Vorih, Esq., Ty Hyderally, Esq., […]
N.J. Governor Makes Worker Misclassification a Priority May 17, 2018 Lía Fiol-Matta, Esq., Ty Hyderally, Esq. On May 3, 2018 New Jersey Governor Phil Murphy created […]
Appellate Division Rejects Limited Definition of Similarly Situated Employee in Disparate Treatment Claims under the New Jersey Law Against Discrimination May 9, 2018 Ty Hyderally, Esq., and […]
New Jersey on the Forefront of Equal Pay Legislation! April 30, 2018 Lía Fiol-Matta, Esq., Ty Hyderally, Esq. History was made on April 24, 2018 when […]
Worker who was Severely Injured in Fall at New Jersey Worksite was Employee for Purposes of Worker’s Compensation April 24, 2018 Ty Hyderally, Esq., and Jennifer, […]
New Jersey Gets Closer to Enacting Mandatory Sick Leave Law March 30, 2018 Ty Hyderally, Esq., Francine Foner, Esq. On March 26, 2018, the New Jersey […]
New Jersey Woman Who Quit In Order to Avoid Being Fired Finally Granted Unemployment Benefits March 30, 2018 Ty Hyderally, Esq., and Jennifer, Esq. In a March […]
Second Circuit is Second in Prohibiting Sexual Orientation Discrimination March 22, 2018 Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. In a groundbreaking decision, the Second Circuit […]
Employment During a State of Emergency March 8, 2018 Ty Hyderally, Esq., and Jennifer, Esq. Both the State of New Jersey and the Township of Montclair […]
Employees Gain Right to Ownership and Usage of Employee Inventions March 1, 2018 Ty Hyderally, Esq., Francine Foner, Esq., Shamola Bonner On January 15, 2018, Governor […]
New Jersey Assemblymen Take Another Shot at State Wide Paid Sick Leave Law February 1, 2018 Francine Foner, Esq., Ty Hyderally, Esq. Assemblymen Vincent Prieto (D) […]
New York City Places Heavier Burden on Employers to Discuss Reasonable Accommodations with Employees November 27, 2017 Isaac Graff, Esq., Ty Hyderally, Esq., and Chantal Guerriero […]
Nursing Mothers Are Now Protected In the Workplace Under New Jersey Law! January 18, 2018 Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. Firing or discriminating against […]
Sexual Harassment in the Workplace: How do New Jersey Laws Protect You? November 30, 2017 Lía Fiol-Matta, Esq., Jennifer Vorih, Esq., and Ty Hyderally, Esq. New Jersey […]
Race Discrimination in the N.Y.P.D. November 27, 2017 Isaac Graff, Esq., Ty Hyderally, Esq., and Chantal Guerriero Race discrimination is not a practice that most people […]
“Flexible-Time” Policies: Not a Way Around the Break-Time Compensation Policy of FLSA Rules the Third Circuit October 19, 2017 Isaac Graff, Esq., Ty Hyderally, Esq., and […]
Appellate Division Holds That a Volunteer Firefighter is not an “Employee” Protected under CEPA September 28, 2017 Francine Foner, Esq., Ty Hyderally, Esq. The Appellate Division recently […]
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 […]
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, […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
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. […]
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. […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
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, […]
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 […]
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 […]
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) […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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]. […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
“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, […]
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. […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
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, […]
By: Ty Hyderally, Esq., Nina Lucibello, Francine Foner, Esq. The Law Against Discrimination (“LAD”) is New Jersey’s anti-discrimination law which prohibits discrimination and harassment based on […]
By: Ty Hyderally, Esq., Jennifer Vorih, Esq., and Elana Burk New Jersey Governor Phil Murphy recently signed into law new legislation amending the NJ Workers’ Compensation […]
By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. The New York City Council recently passed a package of bills aimed at improving working conditions for app-based […]
By: Ty Hyderally, Esq., Nina Lucibello, Francine Foner, Esq. On September 1, 2021, Hurricane Ida swept through New Jersey, destroying many residents’ homes, vehicles, and more. […]
By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. In a recent unpublished opinion, the Appellate Division underscored that a waiver between two parties may only be […]
By: Francine Foner, Esq. and Ty Hyderally, Esq. Not everything bad that an employee encounters in the workplace gives rise to a legal claim. However, if […]
By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. Long-sought-after legislation aimed at closing a judicially-created loophole was recently signed by former Governor Andrew Cuomo. Senate Bill […]
By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. While unionization continues to be a hot-button issue politically, a recent decision by the United States Court of […]
By: Ty Hyderally, Esq., Jennifer Vorih, Esq., and Elana Burk Governor Phil Murphy announced recently that all New Jersey state employees and teachers will be required […]
By: Francine Foner, Esq. and Ty Hyderally, Esq. Last year we wrote about a notable, albeit unpublished, decision of the New Jersey Appellate Division, which reinforced […]
By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. New Jersey is poised to pass legislation that would further improve the landscape for unionized employees. Both houses […]
By: Renee Jiang, Francine Foner, Esq., and Ty Hyderally, Esq. Are employers required to offer a medical accommodation to their employees under the Americans with Disabilities […]
By: Ty Hyderally, Esq., and Jennifer Vorih, Esq. As employment litigators, we often speak with employees – or former employees – who might have been better […]
By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. In Borough of Carteret v. Firefighters Mutual Benevolent Association, Local 67, 2021 N.J. LEXIS 642, the New Jersey […]
By: Francine Foner, Esq. and Ty Hyderally, Esq. Back in May 2018, we reported on Governor Phil Murphy’s creation of the Employee Misclassification Task Force, aimed […]
By: Jennifer Weitz, Esq. and Ty Hyderally New Jersey’s Law Against Discrimination provides robust protections to residents of the state against discrimination in the workplace and […]
By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. If a plaintiff recovers a modest amount in small claims court for nonpayment of wages, does this bar […]
By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. The White House recently announced plans to issue an executive order aimed at increasing competition in the job […]
By: Ty Hyderally, Esq., Jennifer Vorih, Esq., and Elana Burk On June 22, 2021, Montclair’s Township Council passed legislation instituting new protections for transgender and nonbinary […]
By: Jennifer Weitz, Esq., and Ty Hyderally, Esq. How many instances of offensive speech are needed to claim a hostile workplace environment under the LAD? If […]
By: Jennifer Vorih, Esq., and Ty Hyderally, Esq. On June 10, 2021, the Occupational Health and Safety Administration (OSHA) issued its first Emergency Temporary Standard in […]
By: Francine Foner, Esq., Renee Jiang and Ty Hyderally, Esq. New Jersey employees facing age discrimination may soon be on more equal footing with employees facing […]
By Francine Foner, Esq. and Ty Hyderally, Esq. The New Jersey Supreme Court championed the rights of disabled employees in a case we discussed in an […]
By: Jennifer Vorih, Esq., and Ty Hyderally, Esq. New Jersey Governor Phil Murphy signed the Healthy Terminals Act on April 29, 2021. The Act expands access […]
By: Renee Jiang, Francine Foner, Esq., and Ty Hyderally, Esq. On May 5, 2021, Governor Andrew Cuomo signed into law the New York Health and Essential […]
By: Francine Foner, Esq., and Ty Hyderally, Esq. If in response to an employee’s rejection of her supervisor’s sexual advances, the supervisor tells the employee to […]
By: Jennifer Vorih, Esq., and Ty Hyderally, Esq. On May 24, 2021, New Jersey Governor Phil Murphy will be dropping several mandates related to the COVID-19 […]
By: Francine Foner, Esq., and Ty Hyderally, Esq. Does your employer need to sign an arbitration agreement requiring that employment disputes be arbitrated, rather than decided […]
By: Jennifer Vorih, Esq., and Ty Hyderally, Esq. New Jerseyans may have heard of a private school in Florida which recently announced a policy against teachers […]
By: Nina Lucibello, Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. In February 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) filed suit against Saint Clare’s […]
By: Francine Foner, Esq., and Ty Hyderally, Esq. On May 5, 2021, the Department of Labor (DOL) announced it was overturning a rule established during the […]
By: Nina Lucibello, Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. Since the beginning of the COVID-19 pandemic, hate crimes against Asian Americans have drastically risen. […]
By: Jennifer Vorih, Esq., and Ty Hyderally, Esq. The New Jersey Supreme Court recently affirmed that an employer must pay for medical marijuana prescribed for its […]
By: Nina Lucibello, Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. The New Jersey Legislature is currently considering a proposal by Senate Majority Leader Loretta Weinberg, […]
By: Nina Lucibello, Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. In March 2021, President Biden signed the American Rescue Plan Act (“ARPA”) into law, a […]