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Employment Law Blog
June 5, 2017
Published by Ty Hyderally at June 5, 2017
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. […]
June 2, 2017
Published by Ty Hyderally at June 2, 2017
The Scope of Service: Can Courts Hail Parties Into Court by Using Facebook? May 31, 2017 Jennifer Vorih, Esq. Ty Hyderally, Esq. Many New Jersey […]
May 10, 2017
Published by Ty Hyderally at May 10, 2017
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 […]
April 27, 2017
Published by Ty Hyderally at April 27, 2017
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 […]
April 14, 2017
Published by Ty Hyderally at April 14, 2017
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 […]
April 6, 2017
Published by Ty Hyderally at April 6, 2017
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 […]
March 24, 2017
Published by Ty Hyderally at March 24, 2017
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- New Jersey Decisions
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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 […]
March 20, 2017
Published by Ty Hyderally at March 20, 2017
Who is an Employee, Who is an Independent Contractor, and Why Does It Matter? March 17, 2017 Luis Hansen, Esq. Ty Hyderally, Esq. A common […]
March 13, 2017
Published by Ty Hyderally at March 13, 2017
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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. […]
February 28, 2017
Published by Ty Hyderally at February 28, 2017
What is a Rice Notice, and What Should I Do If I Get One? February 27, 2017 Many New Jerseyans who are public employees, such as […]
February 3, 2017
Published by Ty Hyderally at February 3, 2017
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 […]
January 27, 2017
Published by Ty Hyderally at January 27, 2017
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- at-will employment
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- Conscientious Employee Protection Act
- employee privacy
- employee rights
- employee wage standards
- employment discrimination
- employment law
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- Equal Employment Opportunity
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- Fair Labor Standards Act
- minimum wage law
- overtime pay standards
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, […]
December 29, 2016
Published by Ty Hyderally at December 29, 2016
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 […]
December 2, 2016
Published by Ty Hyderally at December 2, 2016
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- age discrimination
- Americans with Disabilities Act
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- Conscientious Employee Protection Act
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- sexual harassment workplace
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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 […]
November 28, 2016
Published by Ty Hyderally at November 28, 2016
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- at-will employment
- business entities
- Conscientious Employee Protection Act
- employee rights
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- overtime pay standards
- whistleblowers nj
- wrongful termination
The New Jersey State Wage and Hour Law (“NJSWHL”) governs the requirements for the payment of overtime for hours worked in excess of 40 hours in […]
November 18, 2016
Published by Ty Hyderally at November 18, 2016
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- Conscientious Employee Protection Act
- employee rights
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- employment discrimination
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Many New Jersey individuals work for more than one employer, even if they have only one job. If you have two employers, one of which treats […]
November 4, 2016
Published by Ty Hyderally at November 4, 2016
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) […]
October 10, 2016
Published by Ty Hyderally at October 10, 2016
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 […]
September 21, 2016
Published by Ty Hyderally at September 21, 2016
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
Published by Ty Hyderally at August 25, 2016
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
Published by Ty Hyderally at June 6, 2016
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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
Published by Ty Hyderally at May 1, 2016
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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
Published by Ty Hyderally at April 28, 2016
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
Published by Ty Hyderally at April 15, 2016
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
Published by Ty Hyderally at April 1, 2016
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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
Published by Ty Hyderally at March 29, 2016
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
Published by Ty Hyderally at March 21, 2016
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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
Published by Ty Hyderally at March 10, 2016
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
Published by Ty Hyderally at February 8, 2016
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
Published by Ty Hyderally at December 3, 2015
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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
Published by Ty Hyderally at November 13, 2015
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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
Published by Ty Hyderally at October 29, 2015
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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
Published by Ty Hyderally at October 15, 2015
“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
Published by Ty Hyderally at October 9, 2015
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
Published by Ty Hyderally at September 24, 2015
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
Published by Ty Hyderally at September 17, 2015
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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
Published by Ty Hyderally at September 10, 2015
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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
Published by Ty Hyderally at August 24, 2015
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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
Published by Ty Hyderally at August 7, 2015
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
Published by Ty Hyderally at July 16, 2015
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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
Published by Ty Hyderally at July 1, 2015
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
Published by Ty Hyderally at June 25, 2015
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
Published by Ty Hyderally at June 18, 2015
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
Published by Ty Hyderally at June 11, 2015
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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
Published by Ty Hyderally at June 4, 2015
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
Published by Ty Hyderally at April 23, 2015
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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
Published by Ty Hyderally at April 8, 2015
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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
Published by Ty Hyderally at March 23, 2015
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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
Published by Ty Hyderally at March 9, 2015
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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
Published by Ty Hyderally at February 19, 2015
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
Published by Ty Hyderally at February 13, 2015
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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
Published by Ty Hyderally at February 6, 2015
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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
Published by Ty Hyderally at January 29, 2015
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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
Published by Ty Hyderally at January 23, 2015
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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
Published by Ty Hyderally at January 16, 2015
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
Published by Ty Hyderally at November 22, 2014
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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
Published by Ty Hyderally at September 22, 2014
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
Published by Ty Hyderally at August 24, 2014
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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
Published by Ty Hyderally at July 12, 2014
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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
Published by Ty Hyderally at June 7, 2014
“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
Published by Ty Hyderally at May 6, 2014
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
Published by Ty Hyderally at April 2, 2014
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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
Published by Ty Hyderally at March 14, 2014
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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
Published by Ty Hyderally at February 24, 2014
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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
Published by Ty Hyderally at January 10, 2014
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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, […]
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July 8, 2020
Published by Hyderally & Associates P.C. at July 8, 2020
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By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. As most are aware of, recent progress surrounding the legal rights of LGBTQ+ employees in the workplace […]
July 7, 2020
Published by Hyderally & Associates P.C. at July 7, 2020
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By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. On June 14, 2020, a New Jersey federal judge ruled that 151 plaintiffs (comprised of over 350 individuals) […]
July 4, 2020
Published by Hyderally & Associates P.C. at July 4, 2020
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By Francine Foner, Esq. and Ty Hyderally, Esq. Governor Murphy recently signed into law, amendments to New Jersey’s paid family leave program which substantially expanded eligibility, […]
June 30, 2020
Published by Hyderally & Associates P.C. at June 30, 2020
By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. The devastating effects of both covert and overt racism have swept the nation into a call for […]
June 25, 2020
Published by Hyderally & Associates P.C. at June 25, 2020
By Jennifer Vorih, Esq., Ty Hyderally, Esq. Montclair, and the rest of New Jersey, has now entered Stage 2 of Reopening. This means that salons and […]
June 19, 2020
Published by Hyderally & Associates P.C. at June 19, 2020
By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. After decades in which Congress has considered and failed to pass measures adding sexual orientation to the list […]
June 18, 2020
Published by Hyderally & Associates P.C. at June 18, 2020
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By Francine Foner, Esq. and Ty Hyderally, Esq. The whole world is currently focused on the systemic racism that permeates many police departments throughout the United […]
June 18, 2020
Published by Hyderally & Associates P.C. at June 18, 2020
By Jennifer Vorih, Esq., Ty Hyderally, Esq. With all of the recent news of police brutality against African-Americans, anyone who has been on the internet or […]
June 15, 2020
Published by Hyderally & Associates P.C. at June 15, 2020
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By Francine Foner, Esq., Ty Hyderally, Esq. On October 10, 2018, the New Jersey Legislature passed the New Jersey Earned Sick Leave Law, N.J.S.A. 34:11D-1 (“NJESLL”) […]
June 12, 2020
Published by Hyderally & Associates P.C. at June 12, 2020
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By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. Last week, new legislation modifying the current Paycheck Protection Program (“PPP”) was unanimously passed by the U.S. […]
June 5, 2020
Published by Hyderally & Associates P.C. at June 5, 2020
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By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. As we enter the summer, many workers who have stayed home for several months under state mandates addressing […]
June 4, 2020
Published by Hyderally & Associates P.C. at June 4, 2020
By Jennifer Vorih, Esq., Ty Hyderally, Esq. New Jersey Governor Phil Murphy announced yesterday that the next phase in restarting New Jersey’s economy will begin on […]
May 30, 2020
Published by Hyderally & Associates P.C. at May 30, 2020
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By: Francine Foner, Esq. and Ty Hyderally, Esq. The Appellate Division recently reversed a lower court ruling dismissing the discrimination and whistleblowing claims of Suketu H. […]
May 28, 2020
Published by Hyderally & Associates P.C. at May 28, 2020
By Jennifer Vorih, Esq., Ty Hyderally, Esq. Sometimes, it is unclear what is the right thing to do. Other times, it is glaringly obvious. Like when […]
May 27, 2020
Published by Hyderally & Associates P.C. at May 27, 2020
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By: Chantal N Guerriero, Esq. and Ty Hyderally, Esq. As one of the hardest-hit states in the country, New Jersians have added risks to assess when […]
May 19, 2020
Published by Hyderally & Associates P.C. at May 19, 2020
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By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. In a May 8, 2020 ruling, the Appellate Division of the New Jersey Superior Court protected the right […]
May 13, 2020
Published by Hyderally & Associates P.C. at May 13, 2020
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By Jennifer Vorih, Esq., Ty Hyderally, Esq. While many New Jersey employees are at home, either working or having been laid off, others are going in […]
May 8, 2020
Published by Hyderally & Associates P.C. at May 8, 2020
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By Chantal N Guerriero, Esq. and Ty Hyderally, Esq. On May 1, 2020, the “Hazardous Duty Pay for Frontline Federal Workers Act” (the “Act”) was introduced […]
May 3, 2020
Published by Hyderally & Associates P.C. at May 3, 2020
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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
Published by Hyderally & Associates P.C. at May 2, 2020
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
Published by Hyderally & Associates P.C. at April 29, 2020
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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
Published by Hyderally & Associates P.C. at April 24, 2020
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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
Published by Hyderally & Associates P.C. at April 22, 2020
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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
Published by Hyderally & Associates P.C. at April 21, 2020
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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
Published by Hyderally & Associates P.C. at April 20, 2020
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
Published by Hyderally & Associates P.C. at April 13, 2020
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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
Published by Hyderally & Associates P.C. at April 9, 2020
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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
Published by Hyderally & Associates P.C. at April 5, 2020
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
Published by Hyderally & Associates P.C. at April 1, 2020
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
Published by Hyderally & Associates P.C. at March 30, 2020
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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
Published by Hyderally & Associates P.C. at March 27, 2020
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
Published by Hyderally & Associates P.C. at March 24, 2020
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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
Published by Hyderally & Associates P.C. at March 23, 2020
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
Published by Hyderally & Associates P.C. at March 2, 2020
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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
Published by Hyderally & Associates P.C. at February 24, 2020
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
Published by Hyderally & Associates P.C. at February 14, 2020
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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
Published by Hyderally & Associates P.C. at February 3, 2020
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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
Published by Hyderally & Associates P.C. at January 29, 2020
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
Published by Hyderally & Associates P.C. at January 23, 2020
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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
Published by Hyderally & Associates P.C. at January 10, 2020
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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 […]