Ty Hyderally

Employment Law Blog


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, […]
September 28, 2018

Joint Employer Standard May be Changing

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 […]
September 28, 2018

Police Officers May Be Entitled to Accidental Disability Benefits for Witnessing Gruesome Events

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 […]
September 4, 2018

“I Use Prescribed Medical Marijuana. Could I Lose my Job?”

“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, […]
July 31, 2018

Can My Employer Control What I Do on My Lunch Break?

Can My Employer Control What I Do on My Lunch Break? July 31, 2018 Jennifer Vorih, Esq. and Tyiarah Adewakun As a New Jersey employee, you […]
June 29, 2018

I’m Being Harassed by my Supervisor. What Can I Do About it?

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 […]
June 8, 2018

“Egregiously Wrong” SCOTUS Decision Affects Employees

“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 […]
May 22, 2018

More Positive Change For Employees Looking to Litigate Their Claims in Court Rather Than Through Forced Arbitration

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., […]
May 18, 2018

N.J. Governor Makes Worker Misclassification a Priority

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 […]
May 16, 2018

Will Workers Comp Cover You For Injuries On Your Way To Work?

Will Workers Comp Cover You For Injuries On Your Way To Work? May 14, 2018 Ty Hyderally, Esq., and Jennifer, Esq. We had several snow storms […]