Employment Law Blog


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, […]
April 14, 2021

NJLAD Preempted by the FAA: What Does This Mean for Employees?

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. On March 25, 2021, the U.S. District Court for the District of New Jersey issued a ruling […]
April 13, 2021

Can My Employer Really Fire Me for Protesting?

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. 2020 was a very tumultuous year, and 2021 started off with a violent insurrection.  Many employers terminated employees […]
April 12, 2021

New Rules in Sight for New Jersey Family Leave

By Francine Foner, Esq., and Ty Hyderally, Esq. The recently enacted American Rescue Plan Act of 2021, signed by President Biden on March 11, 2021, does […]
April 7, 2021

Montclair Pre-K and Elementary Schools to Reopen April 12, 2021

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. Montclair Public Schools began remote learning over a year ago.  Remote learning and in-person instruction during the pandemic […]
March 30, 2021

“She-Cession” — Will Affordable Childcare Bring Women Back to the Workplace?

By Renee Jiang, Francine Foner, Esq., and Ty Hyderally, Esq. The economic downturn caused by the COVID-19 pandemic has impacted women disproportionately.  More than 12 million […]
March 29, 2021

A Win for Pregnant Workers!

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. As discussed in an earlier blog (November 23, 2020), the New Jersey Supreme Court recently heard a case […]
March 15, 2021

COVID-19 is Making a Case to Bring Back Women to the Workforce

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. March is Women’s History Month, and this year, more than ever, it is important to recognize the […]
March 12, 2021

Attention Pregnant Employees! Pregnant Workers Fairness Act May Finally Pass After Eight Years of Debate

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. The Pregnant Workers Fairness Act (“PWFA”) was first introduced eight years ago, in 2012, and has since […]
March 8, 2021

Lesson for New Jersey Boards of Education: Unemployment Benefits Do Not Offset Back-Pay Awards in Tenure Cases

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. The New Jersey Appellate Division recently clarified that back-pay which is due to tenured teachers is not offset […]
March 5, 2021

New Jersey’s LGBT Married Couples May Soon Breathe a Sigh of Relief

By Renee Jiang, Francine Foner, Esq., and Ty Hyderally, Esq. On February 9, 2021, New Jersey lawmakers introduced a marriage equality bill seeking to codify same-sex […]
February 25, 2021

Can Your Employer Force You to take the COVID-19 Vaccine?

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. Since the long-awaited COVID-19 vaccine has arrived, many people have begun to question whether their employers are […]
February 23, 2021

Breaking the Silence: Confidential Settlements of Employment Claims

By Francine Foner, Esq., and Ty Hyderally, Esq. The Me-Too movement has brought to the forefront the problem with confidentiality provisions in settlement agreements which silence […]
February 17, 2021

Is a Dairy Milk Company Milking its Truck Drivers Out of Overtime Pay?

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. The New Jersey Wage and Hour Law (“NJWHL”) requires employers to pay employees 1.5 times their regular hourly […]
February 10, 2021

Brougher v. Pinterest: A Landmark Settlement in a Gender Discrimination Case

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. In August 2020, Francoise Brougher released a shocking blog post titled, “The Pinterest Paradox: Cupcakes and Toxicity” […]
February 3, 2021

Growing Recognition of Implicit Bias

By Francine Foner, Esq., and Ty Hyderally, Esq. What is “implicit bias”?  In a bill proposed in March 2020 to address implicit bias in prenatal care, […]
January 29, 2021

Montclair Teachers Scheduled to Return to the Classroom Pre-Vaccination: Must they Risk their Lives for their Livelihoods?

By: Jennifer Vorih, Esq. and Ty Hyderally, Esq. For Montclair teachers, parents, students, and school staff, it’s been a long haul since March 16, 2020, when […]
January 27, 2021

New Administration Aims to End Mandatory Arbitration and Non-Compete Agreements

By Francine Foner, Esq., and Ty Hyderally, Esq. With the election of Joe Biden, and the Democrats having regained control of the Senate, a number of […]
January 26, 2021

Biden Swiftly Overturns Ban on Transgender Individuals Serving in the U.S. Military

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. Although the induction of the Biden administration was just last week, the new administration has swiftly set […]
January 20, 2021

Nurses and Hospital Workers – You Have Protections!

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. It’s no secret that employees in the health care industry have been hit hard over the past […]
January 19, 2021

Whistleblower Wins His Day in Court!

By Francine Foner, Esq., and Ty Hyderally, Esq. Thomas Brodowski, formerly a Vice President of Administrative Services at Hudson County Community College, reported various activities which […]
January 12, 2021

Hoboken’s Police Chief Gets Another Shot at Proving his Whistleblowing Claim

By: Jennifer Vorih, Esq. and Ty Hyderally, Esq. In a January 7, 2021 decision, the New Jersey Appellate Division reversed the summary judgment dismissal of Anthony […]
January 11, 2021

Food Workers in NY – You have Rights!!!!

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. On December 17, 2020, amendments to New York’s Fair Work Practices Code (the “Code”) were passed which […]
January 8, 2021

Judge’s Baffling Jury Instruction Wins Whistleblower a New Trial

By Francine Foner, Esq., and Ty Hyderally, Esq. When can a judge’s faulty jury instruction result in a new trial?  That is what the Appellate Division […]
December 29, 2020

Is My Employer’s Arbitration Agreement Valid?

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. Arbitration agreements have taken over employment contracts by storm in recent years.   Although often not considered by […]
December 21, 2020

Hostile Work Environment Claims Against Lakewood Township Are Going to a Jury!

By Francine Foner, Esq., and Ty Hyderally, Esq When do racist or sexist remarks in the workplace amount to a hostile work environment under the New […]
December 15, 2020

NJ Whistleblowers Claim Employer Used COVID-19 As an Excuse to Terminate Them

By Chantal N. Guerriero, Esq., and Ty Hyderally, Esq. In the employment law world, it is certainly not unique for an employer to create an excuse […]
December 11, 2020

Surprise! A Religious School Firing Someone Because She is Pregnant is Pregnancy Discrimination!

By: Jennifer Vorih, Esq. and Ty Hyderally, Esq. In a recent case, the New Jersey Appellate Division – for a second time – reversed the granting […]
December 8, 2020

How Soon Will Offices and Business Fully Reopen as Employees Get Vaccinated?

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. Almost a year into the COVID-19 (“coronavirus”) pandemic, it is safe to say that many of us are […]
December 4, 2020

New York Case Offers Guidance on Filing Claims Against Employers for Failing to Follow Health and Safety Laws During the Pandemic

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. In these uncertain pandemic times, many employees are able to work from home yet others cannot protect themselves […]
December 2, 2020

Can Your Employer Mandate That You Get a COVID-19 Vaccine?

By Francine Foner, Esq., and Ty Hyderally, Esq With the anticipation of COVID-19 vaccines soon becoming available, New Jersey employers may desire to mandate that their […]
November 23, 2020

New Jersey Pregnancy Discrimination Claim Goes Up to the Supreme Court

By Chantal N. Guerriero, Esq., and Ty Hyderally, Esq. The New Jersey Supreme Court recently heard Delanoy v. Township of Ocean to decide whether to uphold […]
November 20, 2020

Professor’s Employment Claims Given a Passing Grade by the Appellate Division!!

By Francine Foner, Esq., and Ty Hyderally, Esq. What type of workplace conduct constitutes gender harassment or gender discrimination? Does there need to be direct evidence […]
November 14, 2020

New COVID Restrictions and Clarification from Governor Murphy

By: Jennifer Vorih, Esq. and Ty Hyderally, Esq. Earlier this week, New Jersey Governor Phil Murphy signed legislation and issued new restrictions related to the coronavirus […]
November 13, 2020

New Jersey Votes to Legalize Recreational Use of Marijuana. What Might That Mean in the Workplace?

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. For the first time in New Jersey, voters approved the use of recreational marijuana for those who […]
November 11, 2020

Going Back to Work Safely: New Jersey Implements Mandatory Protocols to Reduce COVID-19 Threat

By Francine Foner, Esq., and Ty Hyderally, Esq. As New Jersey’s economy continues to gradually reopen and more New Jersey employees return to the workplace, COVID-19 […]
November 6, 2020

What if My Employer Is Shut Down for Disobeying Executive Orders?

By: Jennifer Vorih, Esq., Ty Hyderally, Esq., and Michael Chachura A favorite local restaurant—Cuban Pete’s in Montclair— had its locks changed by the Montclair Police Department and […]
October 27, 2020

Dove’s CROWN Act Prohibits Discrimination Based on Hairstyle

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. Last year, beauty brand Dove set out to make the CROWN Act into law nationwide. “CROWN” stands […]
October 23, 2020

Are You a COVID-19 “Long-Hauler” Worried about Your Employment Rights?

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. Many months into the COVID-19 pandemic, its effects on businesses, government agencies, employees and workers in general continue […]
October 20, 2020

Third Circuit Finds Public Employee’s COVID-19 Alert Entitled to First Amendment Protection

By Francine Foner, Esq., and Ty Hyderally, Esq. Can an employee warn other employees of their potential exposure to COVID-19 without risk of reprisal by their […]
October 13, 2020

The Equal Employment Opportunity Commission Updates Guidance on Disability-Related Inquiries in the Workplace

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. Last month, the Equal Employment Opportunity Commission updated its guidelines concerning whether and when employers may request […]