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Employment Law Blog
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
Categories
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
Categories
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
Categories
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
Categories
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
Categories
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
Categories
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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November 23, 2020
Published by Hyderally & Associates P.C. at November 23, 2020
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
Published by Hyderally & Associates P.C. at November 20, 2020
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
Published by Ty Hyderally at November 14, 2020
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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
Published by Hyderally & Associates P.C. at November 13, 2020
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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
Published by Hyderally & Associates P.C. at November 11, 2020
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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
Published by Hyderally & Associates P.C. at November 6, 2020
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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
Published by Hyderally & Associates P.C. at October 27, 2020
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
Published by Hyderally & Associates P.C. at October 23, 2020
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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
Published by Hyderally & Associates P.C. at October 20, 2020
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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
Published by Hyderally & Associates P.C. at October 13, 2020
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
Published by Hyderally & Associates P.C. at October 9, 2020
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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
Published by Hyderally & Associates P.C. at October 6, 2020
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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
Published by Hyderally & Associates P.C. at September 30, 2020
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
Published by Hyderally & Associates P.C. at September 25, 2020
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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
Published by Hyderally & Associates P.C. at September 24, 2020
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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
Published by Hyderally & Associates P.C. at September 22, 2020
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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
Published by Hyderally & Associates P.C. at September 17, 2020
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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
Published by Hyderally & Associates P.C. at September 14, 2020
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
Published by Hyderally & Associates P.C. at September 9, 2020
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
Published by Hyderally & Associates P.C. at September 8, 2020
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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
Published by Hyderally & Associates P.C. at September 1, 2020
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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
Published by Hyderally & Associates P.C. at August 29, 2020
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
Published by Hyderally & Associates P.C. at August 25, 2020
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
Published by Hyderally & Associates P.C. at August 24, 2020
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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
Published by Hyderally & Associates P.C. at August 21, 2020
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
Published by Hyderally & Associates P.C. at August 11, 2020
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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
Published by Hyderally & Associates P.C. at August 6, 2020
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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
Published by Hyderally & Associates P.C. at August 4, 2020
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
Published by Hyderally & Associates P.C. at August 2, 2020
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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
Published by Hyderally & Associates P.C. at July 30, 2020
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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
Published by Hyderally & Associates P.C. at July 29, 2020
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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
Published by Hyderally & Associates P.C. at July 27, 2020
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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
Published by Hyderally & Associates P.C. at July 21, 2020
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
Published by Hyderally & Associates P.C. at July 16, 2020
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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
Published by Hyderally & Associates P.C. at July 13, 2020
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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
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 […]