Employment Law Blog


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, […]
December 18, 2018

Employees Not Required to Make Formal Complaint Before Resigning Due to Discrimination or Retaliation

Employees Not Required to Make Formal Complaint Before Resigning Due to Discrimination or Retaliation Ty Hyderally, Esq., Jennifer Vorih, Esq. December 17, 2018 In a decision […]
December 3, 2018

Employee’s Request for Religious Accommodation Impacted by Collective Bargaining Agreement

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 […]
November 30, 2018

DOL Cancels 80/20 Rule for Tipped Employees

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 […]
November 15, 2018

Mandatory Arbitration Takes Another Hit in New Jersey

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 […]
November 9, 2018

New Jersey Removes Employment Obstacles for Most Individuals with Criminal Records

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 […]
November 7, 2018

State Employee Challenges Confidentiality Policy Silencing Victims of Sexual Harassment

  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 […]
October 24, 2018

Mandatory Arbitration Takes a Hit in New Jersey

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 […]
October 15, 2018

Strict New Sexual Harassment Laws in Place in New York!

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 […]
October 12, 2018

New Jersey Paid Sick Leave Law Goes Into Effect October 29, 2018

New Jersey Paid Sick Leave Law Goes Into Effect October 29, 2018 October 10, 2018 Francine Foner, Esq In March we reported that New Jersey was […]