Employment Law Blog


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, […]
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 […]
October 9, 2020

Public Agency in New Jersey Faces a Discrimination and Retaliation Trial Next Month

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. A race discrimination and retaliation complaint filed in Essex County, NJ, scheduled for trial next month, November 2020, […]
October 6, 2020

Roadmap to Retaliation: Court Upholds Jury Finding that School District Retaliated Against Security Guard

By Jennifer Vorih, Esq., Ty Hyderally, Esq. On September 15, 2020, the Appellate Division affirmed a trial court decision that the Randolph Township Board of Education […]
September 30, 2020

Supreme Court Justice Ruth Bader Ginsberg: A Brief Look at RBG’s Many Contributions to Equality in the Workplace

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. For many, Supreme Court Justice Ruth Bader Ginsberg, more aptly known as RBG, symbolized a beacon of […]
September 25, 2020

Appeals Court Decision Poses a Cautionary Tale on Criminal Background Checks

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. In this day and age in which the controversial issue of systemic racism is widely discussed and analyzed, […]
September 24, 2020

Help with Day Care Costs Due to COVID-19 School Closures Proposed

By Francine Foner, Esq., Ty Hyderally, Esq. On September 14, 2020, New Jersey State Senator Kristin M. Corrado introduced Senate Bill 2904, aimed at providing some […]
September 22, 2020

New Jersey Protects its Essential Workers

By Jennifer Vorih, Esq., Ty Hyderally, Esq. On September 14, 2020, New Jersey Governor Phil Murphy signed into law a bill which provides that certain essential […]
September 17, 2020

NJ Law Enforcement Diversity Requirement Is on the Way!

By: Chantal N Guerriero, Esq. and Ty Hyderally, Esq. New Jersey Assembly Bill 2394 (the “Bill”), recently passed in both houses. The Bill requires law enforcement […]
September 14, 2020

Good News for Undocumented Workers in New Jersey!

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. In a much-celebrated measure by workers’ and immigrants’ rights advocates, immigrants in New Jersey may now pursue professional […]
September 9, 2020

Casino Security Director Dealt A Winning Hand on Discrimination and Retaliation Claims

By Francine Foner, Esq., Ty Hyderally, Esq. The New Jersey Appellate Division recently reversed and remanded, for trial, a lower court’s dismissal of nearly all of […]
September 8, 2020

Teachers Returning to Work – In or Out of School

By Jennifer Vorih, Esq., Ty Hyderally, Esq. Since New Jersey Governor Phil Murphy issued his first Executive Order regarding the COVID-19 pandemic, parents have been wondering […]
September 1, 2020

Are you Pregnant and Worried about Your Rights in the Workplace?

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. Thanks to the hard work of employment rights advocates and feminist organizations, pregnant women enjoy many more legal […]
August 29, 2020

Employers Will be Held Accountable for their Actions

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. Recently, Governor Murphy announced his intentions to clarify and strengthen New Jersey’s anti-discrimination and harassment statute, the […]
August 25, 2020

#Me Too Meets High Fashion: Designing Women Deserve Their Day in Court

By Francine Foner, Esq., Ty Hyderally, Esq. LVMH Moët Hennessy Louis Vuitton Inc. (“LVMH”), based in Paris, France, is comprised of 75 “houses” of high-end products, […]
August 24, 2020

Got Young Kids? Need to Return to the Workplace? Good Luck!

By Jennifer Vorih, Esq., Ty Hyderally, Esq. The last several months have laid bare some of the racism and sexism ingrained in our society.  For decades, […]
August 21, 2020

Thursday, August 13, 2020 was Black Women’s Equal Pay Day

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. August 13, 2020 was Black Women’s Equal Pay Day. The day signified the wage gap between black […]
August 11, 2020

Are You Owed Unpaid Commissions as a New Jersey Independent Sales Rep?

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. If you are a sales contractor and have not received all sales commissions after your contract with a […]
August 6, 2020

NJDCR Finds Probable Cause for Claims of Race and “Reverse” Age Discrimination

By Francine Foner, Esq., Ty Hyderally, Esq. In a press release issued by the New Jersey Division on Civil Rights (DCR) and Attorney General Gurbir S. […]
August 4, 2020

What if My Employer is Violating Pandemic-Related Guidance?

By Jennifer Vorih, Esq., Ty Hyderally, Esq. New Jersey Governor Phil Murphy has issued a number of Executive Orders since the COVID-19 pandemic was declared.  The […]
August 2, 2020

Has the Pandemic Changed Your Work Duties? You’re Not Alone!

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. As restrictions begin to lift, many employees throughout the country are gradually returning to work. But for […]
July 30, 2020

Protections are On the Way for Essential Workers who Test Positive for COVID-19

By: Lía Fiol-Matta, Esq. Ty Hyderally, Esq. On July 27, 2020, the New Jersey Senate sent to the Assembly Appropriations Committee Senate Bill No. 2380, which […]
July 29, 2020

A Good Day in the Courtroom for Victims of Workplace Sexual Harassment

By Francine Foner, Esq. and Ty Hyderally, Esq. Shanique Wells (“Wells”) was hired by AAA North Jersey (“AAA”) in November 2013 as a Marketing Manager. After […]
July 27, 2020

SCOTUS Tacitly Approves Salary History Ban

By Jennifer Vorih, Esq., Ty Hyderally, Esq. Rewriting history can be a very difficult task, and can have unintended consequences. Sometimes, though, un-writing history can be […]
July 21, 2020

Employees are Protected Against Discrimination – Except if They Work for a Religious Organization

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. In a 7-2 opinion reversing the U.S. 9th Circuit Court of Appeals’ ruling in favor of two lay […]
July 16, 2020

NJ Supreme Court Upholds Arbitration Provision in Employment Contract

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq.           Yesterday, the Supreme Court ruled to uphold an arbitration agreement in two cases between transportation workers […]
July 13, 2020

Employees Fired for Expressing their Views

By Jennifer Vorih, Esq., Ty Hyderally, Esq. We are in a very unique time in our country’s history. Many protests are happening throughout New Jersey and […]
July 8, 2020

LGBTQ-Inclusive Curriculum in NJ Schools is No Longer Optional

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

Don’t Consent! Read this First when Presented with an Arbitration Agreement

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

Great News for New Jersey Employees – Major Expansions in the Paid Family Leave Program

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

There’s No Denying It Anymore: Systemic Racism Still Occurs in the Workplace Today

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

Issues with Employees Returning to Work in Montclair, NJ.

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 […]