Employment Law Blog


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, […]
May 3, 2020

NJ Court Awards Significant Punitive Damages In Failure To Accommodate Case

By Francine Foner, Esq., Ty Hyderally, Esq. It may seem like the only thing courts are doing these days is issuing various restrictions and orders related […]
May 2, 2020

Taking Sides in an Employment Dispute… What Are My Protections?

By Lía Fiol-Matta, Esq., Ty Hyderally, Esq. Being forced to take sides, especially when pressured to say and do things we do not agree with, is […]
April 29, 2020

Relief For New Jersey’s Self-Employed Impacted By COVID-19

By Francine Foner, Esq., Ty Hyderally, Esq. The New Jersey Department of Labor (NJDOL) recently published additional guidance on the expansion of unemployment benefits available to […]
April 24, 2020

Can My Employer Really Take My Temperature Every Day?

By Jennifer Vorih, Esq., Ty Hyderally, Esq. Many employers in New Jersey and elsewhere have begun to take temperatures of employees and vendors, to help prevent […]
April 22, 2020

NJ Expands the Family Leave Act During the Pandemic

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. A new Bill which may impact New Jersey employees during the COVID-19 pandemic was approved by the […]
April 21, 2020

Can Your Employer Refuse to Allow You to Work Remotely During COVID-19?

By Francine Foner, Esq., Ty Hyderally, Esq. As the COVID-19 pandemic continues, many employees are working remotely and becoming Zoom savvy. There are, however, instances where […]
April 20, 2020

Essential Employees Are Further Protected In New Jersey

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. In the wake of the current pandemic, Governor Phil Murphy of New Jersey has signed 24 executive orders […]
April 13, 2020

Recovered from COVID-19? Congratulations! Need a Note to Return to Work? Best wishes…

By Jennifer Vorih, Esq., Ty Hyderally, Esq. Every New Jersey employee has been affected in some way by the current pandemic. Thousands upon thousands of workers […]
April 9, 2020

Department of Labor Clarifies Families First Coronavirus Response Act (“FFCRA”)

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. In a recent blog, we outlined the federal government’s new Families First Coronavirus Response Act (“FFCRA”), one […]
April 5, 2020

The Impact of COVID-19 on EEOC Guidance

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. The Equal Employment Opportunity Commission (EEOC) enforces federal workplace anti-discrimination laws including the Americans with Disabilities Act, Pub. […]
April 1, 2020

Non-Essential NJ Workers’ Access To Child Care Centers On Hold

By Francine Foner, Esq. and Ty Hyderally, Esq. On March 25, 2020, Governor Murphy signed yet another Executive Order involving business restrictions as a result of […]
March 30, 2020

Unemployment Compensation in the Time of COVID-19

By Jennifer Vorih, Esq., Ty Hyderally, Esq. Workers in New Jersey and across the country are becoming unemployed in droves, and wondering how they are going […]
March 27, 2020

Can I Refuse to Go to Work During the COVID-19 Outbreak?

By: Chantal N. Guerriero, Esq. and Ty Hyderally Esq. Along with these particularly uncertain times facing the American workforce will undoubtedly come a flood of questions […]
March 24, 2020

President Signs Coronavirus Relief Package into Law

By Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. During these trying times of national pandemic involving the Coronavirus or COVID 19, it is important for employees […]
March 23, 2020

Your Job Offer Is Rescinded Due to COVID-19 – What Now?

By Francine Foner, Esq. and Ty Hyderally, Esq. The sudden impact of the COVID-19 pandemic on business as usual took many New Jersey employees and employers […]
March 2, 2020

A Reminder to NJ Employees: Sick Leave is Required by Law!

By: Chantal N. Guerriero, Esq. and Ty Hyderally Esq. The New Jersey Department of Labor recently issued final regulations on the New Jersey Earned Sick Leave […]
February 24, 2020

New Senate Bill Aims to End Unfair and Discriminatory Scheduling Practices in New Jersey

By Lía Fiol-Matta, Esq., Ty Hyderally, Esq. On January 27, 2020, New Jersey Senators Loretta Weinberg and Nia H. Gill introduced Senate Bill 921 (“New Jersey Fair […]
February 14, 2020

The Future of Employment Arbitrations in New Jersey: Secrets Revealed

By Francine Foner, Esq. and Ty Hyderally, Esq. One of the reasons that employers favor resolving employment disputes through arbitration over going to court is that […]
February 3, 2020

NJ Employees – Your Rights Just Improved!

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. A new wave of employee-friendly protections designed to educate employees and encourage them to stand up for […]
January 29, 2020

A Great Win for Pregnant Workers in New Jersey

By Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. In the first New Jersey state court published opinion of 2020, the Appellate Division held that a township’s […]
January 23, 2020

Employer Mandated Arbitration No More? Maybe!!

By Francine Foner, Esq. and Ty Hyderally, Esq. As discussed in an earlier blog, on March 18, 2019, Governor Philip D. Murphy signed into law Bill […]
January 10, 2020

New Jersey Employee Earned Tenure while in Civil Service Position

By Jennifer Vorih, Esq., Ty Hyderally, Esq. The New Jersey Supreme Court recently affirmed the Appellate Division’s decision that a school district employee had earned tenure […]
December 12, 2019

Medical Marijuana Users are Protected in New Jersey

By Lía Fiol-Matta, Esq., Ty Hyderally, Esq. When it comes to cannabis and the workplace, the terrain can be rather complex. Since 2010, the use of […]
December 9, 2019

New Jersey Assembly Passes Bill Outlawing “Gay Panic” Defense to Murder Charge

By: Ty Hyderally, Esq. and Francine Foner, Esq. Legislation designed to prevent legal strategies which discriminate against LGBTQ murder victims recently passed the Assembly by a […]
November 21, 2019

A Big Win: N.J. Jury Awards $6 Million in Race Discrimination Lawsuit

By: Ty Hyderally, Esq. and Chantal N. Guerriero, Esq. On November 1, 2019, a Bergen County jury awarded Plaintiff Rebecca McCarthy, (“McCarthy”) a $6 million verdict […]
November 1, 2019

Coming Soon… New Protections for Independent Contractors in New Jersey

By Lía Fiol-Matta, Esq., Ty Hyderally, Esq. Are you or someone you know an independent contractor in New Jersey? If so, we have good news! The […]
October 25, 2019

Be Your Own Hairstyle!!

By: Ty Hyderally, Esq. and Chantal Guerriero, Esq. In September of 2019, the New Jersey Division on Civil Rights (“DCR”) was prompted to issue new guidelines […]
October 16, 2019

New Jersey Supreme Court Advances Whistleblower Protections

By: Ty Hyderally, Esq. and Francine Foner, Esq. The New Jersey Supreme Court recently held in a unanimous opinion that a New Jersey State Police officer […]
September 30, 2019

New Jersey Hotels Just Got a Little Safer: Hotel Employees get a Panic Device

By: Ty Hyderally, Esq. and Chantal N. Guerriero, Esq. The New Jersey Panic Device Law (“NJ S2986” or the “Act”), was introduced on September 24, 2018, […]
August 23, 2019

So Jersey! What Happens When Folks Want to Drive Their High-End Sports Cars 100 MPH on the GSP?

By Jennifer Vorih, Esq., Ty Hyderally, Esq. What do you do if you want to speed your way down the Garden State Parkway in your high-end […]
August 14, 2019

New York State Bans Discrimination for Religious Garb and Facial Hair

August 12, 2019 By Lía Fiol-Matta, Esq., Ty Hyderally, Esq. In a new move towards ensuring equality in the workplace, Governor Andrew Cuomo of New York […]
August 8, 2019

New Jersey Employees Gain Greater Protections Against Employer Wage Theft

By Francine Foner, Esq., Ty Hyderally, Esq.             On August 6, 2019, Acting Governor Sheila Oliver signed into law S1790 (the “Act”), which significantly strengthens protections for […]
July 30, 2019

Why did Pinocchio Bludgeon Jiminy Cricket with a Hammer? A Victory for the Whistleblower.

Why did Pinocchio Bludgeon Jiminy Cricket with a Hammer? A Victory for the Whistleblower. July 30, 2019 By Francine Foner, Esq., Ty Hyderally, Esq. Cape May […]
July 23, 2019

New York State Says Yes to Pay Equity!!

New York State Says Yes to Pay Equity!! July 19, 2019 Lía Fiol-Matta, Esq., Ty Hyderally, Esq., Sherif Farrag The New York State Senate and Assembly […]
July 15, 2019

Does the New Jersey Law Against Discrimination Protect You If You Live and Work Outside of New Jersey? It Depends…

Does the New Jersey Law Against Discrimination Protect You If You Live and Work Outside of New Jersey? It Depends… July 11, 2019 By Francine Foner, […]
June 28, 2019

Truck Drivers Get The Right To Sue For Overtime

Truck Drivers Get The Right To Sue For Overtime By Jennifer Vorih, Esq., Ty Hyderally, Esq. and Stephanie Gibson June 27, 2019 On June 19, 2019, […]
June 18, 2019

Skip the EEOC and Go Straight to Court? It’s Possible but Following Procedure is Still the Best Route

Skip the EEOC and Go Straight to Court? It’s Possible but Following Procedure is Still the Best Route June 18, 2019 Lía Fiol-Matta, Esq., Ty Hyderally, […]
June 17, 2019

A Win for Disabled Employees in NJ!

A Win for Disabled Employees in NJ! June 14, 2019 By Francine Foner, Esq. and Ty Hyderally, Esq. On June 11, 2019, the Appellate Division liberally […]
May 22, 2019

Meals are not Happy at McDonald’s

Meals are not Happy at McDonald’s May 22, 2019 Lía Fiol-Matta, Esq., Ty Hyderally, Esq. Once again, McDonald’s Corp., faces newly filed numerous complaints of sexual […]
May 1, 2019

Sexual Abuse Victims get Broader Protections

Sexual Abuse Victims get Broader Protections  May 1, 2019 Francine Foner, Esq., Ty Hyderally, Esq. On March 25, 2019, both houses of the New Jersey Legislature […]