Equal Employment Opportunity Commission

Employment Law Blog


January 4, 2022

NY Employees Welcome Cannabis Testing Guidelines

By: Ty Hyderally, Esq., Francine Foner, Esq., Nina Lucibello Earlier this year, the New York State Marijuana Regulation and Taxation Act (“MRTA”), which legalized the recreational […]
December 30, 2021

Unemployment Appeal May Not Be Denied Unreasonably

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. In a recent decision, the Appellate Division of the New Jersey Superior Court vacated a decision by the […]
December 21, 2021

Why the Buffalo Starbucks Unionization Matters: A Historical Perspective

By: Ashley A. Smith, Esq. and Ty Hyderally, Esq. When just one of more than 15,000 Starbucks locations in the U.S. makes national news, it’s got […]
December 16, 2021

Temp Workers May Finally See Improvements in the Law

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. Temporary workers, who historically have had few legal protections intended specifically for them, are the focus of two […]
December 13, 2021

NY Substantially Increases Whistleblower Protections For Employees … and Others!!!

By: Ty Hyderally, Esq., Francine Foner, Esq., Nina Lucibello New York Governor Kathy Hochul recently signed Senate Bill 4394 into law, amending Section 740 of the […]
December 7, 2021

Victory for Workplace Privacy: New York Passes Electronic Monitoring Law

By: Ashley A. Smith, Esq. and Ty Hyderally, Esq. On November 8, 2021, New York Governor Kathy Hochul signed into law A.430/S.2628 (the “Act”), which requires private employers […]
December 2, 2021

Huge Violations of the NYC Paid Safe and Sick Leave Law Result in Huge Settlements

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. New York City recently announced a multimillion-dollar settlement with two home healthcare companies, resolving violations of the NYC […]
November 22, 2021

New Jersey Is A Step Closer to Protecting Domestic Workers

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. The New Jersey Legislature recently introduced a bill to create the “New Jersey Domestic Workers’ Bill of Rights […]
November 16, 2021

NJ Minimum Wage Increases Continue

By: Ty Hyderally, Esq., Nina Lucibello, Francine Foner, Esq. New Jersey has been on a path to joining other states, like New York, California, Massachusetts, and […]
November 11, 2021

Airport Employees Protected by NYC Paid Safe and Sick Leave Law

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. Recently, New York City announced settlements with two airlines regarding violations of the NYC Paid Safe and Sick […]
November 10, 2021

EEOC Updates Questions and Answers Surrounding Employee Religious Exemptions for COVID-19 Mandates

By: Ty Hyderally, Esq., Francine Foner, Esq. The EEOC publishes “technical assistance” questions and answers on its website to clarify COVID-19 issues arising under Title VII […]
November 8, 2021

Newark Vaccine Mandate for City Employees Upheld by Appellate Division

By: Ty Hyderally, Esq., Jennifer Vorih, Esq., and Nina Lucibello COVID-19 vaccinate mandates are being hotly debated at the moment. With some industries and companies requiring […]
November 3, 2021

Severance for NYC Hotel Workers: An Effort to Restore the Tourism Job Market

By: Ty Hyderally, Esq., Nina Lucibello, Jennifer Weitz, Esq. For a city that never sleeps, New York City is home to approximately 670 individual hotels with […]
November 1, 2021

Are Unvaccinated Healthcare Workers Eligible for Unemployment Benefits?

By: Ty Hyderally, Esq., Nina Lucibello, Francine Foner, Esq. Unemployment benefits are generally awarded to individuals who lose their jobs through no fault of their own, […]
October 26, 2021

The Persistence of Hostile Work Environments (And What to Do About It)

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. As the Jon Gruden emails demonstrate so vividly, hate speech persists in many professional environments. However, the Gruden […]
October 21, 2021

Employees Over 70 Now Protected Under LAD Updates

By: Ty Hyderally, Esq., Nina Lucibello, Francine Foner, Esq. The Law Against Discrimination (“LAD”) is New Jersey’s anti-discrimination law which prohibits discrimination and harassment based on […]
October 19, 2021

Hiring Preference for Workers Who Reach Maximum Medical Improvement

By: Ty Hyderally, Esq., Jennifer Vorih, Esq., and Elana Burk               New Jersey Governor Phil Murphy recently signed into law new legislation amending the NJ Workers’ Compensation […]
October 12, 2021

New York City Food Delivery Workers Start to Gain Protections

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. The New York City Council recently passed a package of bills aimed at improving working conditions for app-based […]
October 7, 2021

NJ Employees May Benefit from Federal Disaster Unemployment Benefits

By: Ty Hyderally, Esq., Nina Lucibello, Francine Foner, Esq. On September 1, 2021, Hurricane Ida swept through New Jersey, destroying many residents’ homes, vehicles, and more. […]
September 27, 2021

A Waiver Doesn’t Necessarily Waive All Rights

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. In a recent unpublished opinion, the Appellate Division underscored that a waiver between two parties may only be […]
September 23, 2021

Feeling Harassed or Targeted in the Workplace? Consider These Dos and Don’ts

By:  Francine Foner, Esq. and Ty Hyderally, Esq. Not everything bad that an employee encounters in the workplace gives rise to a legal claim. However, if […]
September 22, 2021

New York’s “No Wage Theft Loophole Act” Means an Accurate Paycheck for Employees

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. Long-sought-after legislation aimed at closing a judicially-created loophole was recently signed by former Governor Andrew Cuomo. Senate Bill […]
September 20, 2021

How the Union Successfully Challenged Employer Misconduct

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. While unionization continues to be a hot-button issue politically, a recent decision by the United States Court of […]
September 16, 2021

New Jersey Mandates COVID-19 Vaccinations for All State Employees and Teachers

By: Ty Hyderally, Esq., Jennifer Vorih, Esq., and Elana Burk Governor Phil Murphy announced recently that all New Jersey state employees and teachers will be required […]
September 9, 2021

New Jersey Supreme Court Affirms Potential for Substantial Punitive Damages Under the LAD

By:  Francine Foner, Esq. and Ty Hyderally, Esq. Last year we wrote about a notable, albeit unpublished, decision of the New Jersey Appellate Division, which reinforced […]
August 27, 2021

Greater Labor Harmony for New Jersey’s Workers

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. New Jersey is poised to pass legislation that would further improve the landscape for unionized employees. Both houses […]
August 24, 2021

You Can Keep Your Beard . . . Unless It Violates OSHA Regulations

By:  Renee Jiang, Francine Foner, Esq., and Ty Hyderally, Esq. Are employers required to offer a medical accommodation to their employees under the Americans with Disabilities […]
August 23, 2021

Employment Law for Employees

By: Ty Hyderally, Esq., and Jennifer Vorih, Esq. As employment litigators, we often speak with employees – or former employees – who might have been better […]
August 17, 2021

In An Agreement, Both the Words that Appear and the Words that Don’t Appear Matter

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. In Borough of Carteret v. Firefighters Mutual Benevolent Association, Local 67, 2021 N.J. LEXIS 642, the New Jersey […]
August 12, 2021

New York City Expands Worker Protections Under Its “Ban the Box” Law

By:  Renee Jiang, Francine Foner, Esq., and Ty Hyderally, Esq. On July 29, 2021, amendments to New York City’s Fair Chance Act (FCA) — also known […]
August 11, 2021

Black Women’s Equal Pay Day

By: Ty Hyderally, Esq., Jennifer Vorih, Esq., and Elana Burk August 3, 2021 was Black Women’s Equal Pay Day. This day signifies the amount of time […]
August 9, 2021

Governor Murphy Takes Action Against Employee Misclassification

By:  Francine Foner, Esq. and Ty Hyderally, Esq. Back in May 2018, we reported on Governor Phil Murphy’s creation of the Employee Misclassification Task Force, aimed […]
August 6, 2021

New Jersey Wants to Vote Out Harassment in Politics

By: Jennifer Weitz, Esq. and Ty Hyderally New Jersey’s Law Against Discrimination provides robust protections to residents of the state against discrimination in the workplace and […]
July 30, 2021

Advice to Pro Se Litigants: Choose Your Forum Carefully

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. If a plaintiff recovers a modest amount in small claims court for nonpayment of wages, does this bar […]
July 16, 2021

Getting Rid of Non-Compete Agreements???? Maybe!!!

By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. The White House recently announced plans to issue an executive order aimed at increasing competition in the job […]
July 12, 2021

Welcome Decision for New Jersey Misclassified Workers

By:  Francine Foner, Esq. and Ty Hyderally, Esq. As discussed in a prior blog, in 2015 the New Jersey Supreme Court held that the test for […]
July 9, 2021

Montclair Passes Gender-Neutral Bathrooms Ordinance

By:  Ty Hyderally, Esq., Jennifer Vorih, Esq., and Elana Burk On June 22, 2021, Montclair’s Township Council passed legislation instituting new protections for transgender and nonbinary […]
July 7, 2021

Even a Little Offensive Language in the Workplace Is Too Much

By: Jennifer Weitz, Esq., and Ty Hyderally, Esq. How many instances of offensive speech are needed to claim a hostile workplace environment under the LAD? If […]
June 25, 2021

OSHA Issues Emergency Temporary Standards Related to COVID-19

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. On June 10, 2021, the Occupational Health and Safety Administration (OSHA) issued its first Emergency Temporary Standard in […]
June 24, 2021

New Jersey’s Older Workers to Gain Greater Protections

By:  Francine Foner, Esq., Renee Jiang and Ty Hyderally, Esq. New Jersey employees facing age discrimination may soon be on more equal footing with employees facing […]
June 18, 2021

Another Big Win for Disabled Employees in NJ!

By Francine Foner, Esq. and Ty Hyderally, Esq. The New Jersey Supreme Court championed the rights of disabled employees in a case we discussed in an […]
June 16, 2021

Great News for Employees at Newark Airport and Newark Airport Train Terminal

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. New Jersey Governor Phil Murphy signed the Healthy Terminals Act on April 29, 2021.  The Act expands access […]
June 11, 2021

NY HERO ACT: First Workplace Airborne Infectious Disease Prevention Law

By:  Renee Jiang, Francine Foner, Esq., and Ty Hyderally, Esq. On May 5, 2021, Governor Andrew Cuomo signed into law the New York Health and Essential […]
June 8, 2021

Welcome Decision for Victims of Hostile Work Environment Sexual Harassment

By:  Francine Foner, Esq., and Ty Hyderally, Esq. If in response to an employee’s rejection of her supervisor’s sexual advances, the supervisor tells the employee to […]
June 4, 2021

Goodbye, Mask Mandate, Hello, Summer!

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. On May 24, 2021, New Jersey Governor Phil Murphy will be dropping several mandates related to the COVID-19 […]
May 28, 2021

An Arbitration Claim Goes To Litigation – A Great Victory For Employees

By:  Francine Foner, Esq., and Ty Hyderally, Esq. Does your employer need to sign an arbitration agreement requiring that employment disputes be arbitrated, rather than decided […]
May 24, 2021

Can I Be Fired for Getting Vaccinated??

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. New Jerseyans may have heard of a private school in Florida which recently announced a policy against teachers […]
May 17, 2021

Can an Employer Rescind Your Job Offer Due to Sudden Disability?

By: Nina Lucibello, Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. In February 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) filed suit against Saint Clare’s […]
May 13, 2021

DOL Rule Restores Employee Wage Protections

By:  Francine Foner, Esq., and Ty Hyderally, Esq. On May 5, 2021, the Department of Labor (DOL) announced it was overturning a rule established during the […]
May 12, 2021

Covid-19 Hate Crimes Act: A Plan to “Stop Asian Hate”

By: Nina Lucibello, Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. Since the beginning of the COVID-19 pandemic, hate crimes against Asian Americans have drastically risen.  […]
April 29, 2021

Misclassified Employees Secure Tasty Settlement

By:  Francine Foner, Esq. and Ty Hyderally, Esq. Federal and state wage laws are designed to ensure that employees who are covered by the wage laws […]
April 28, 2021

Workers Compensation Can Pay for Medical Marijuana

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. The New Jersey Supreme Court recently affirmed that an employer must pay for medical marijuana prescribed for its […]
April 26, 2021

Proposed Amendments to the LAD: More Protections for Employees

By: Nina Lucibello, Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. The New Jersey Legislature is currently considering a proposal by Senate Majority Leader Loretta Weinberg, […]
April 22, 2021

Advocates Working Up a SWEAT to Pass New York Wage Theft Law

Under existing New York law, even if an employee is successful in obtaining a judgment against an employer for unpaid wages, he or she may still […]
April 19, 2021

ARPA: More Than Just a Stimulus Check!

By: Nina Lucibello, Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. In March 2021, President Biden signed the American Rescue Plan Act (“ARPA”) into law, a […]
April 15, 2021

NJ’s Recreational Marijuana Law Protects Employees Against Adverse Employment Actions – But it’s Not A License to be High at Work

By:  Renee Jiang, Francine Foner, Esq., and Ty Hyderally, Esq. The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA” or the “Act”), signed […]
April 14, 2021

NJLAD Preempted by the FAA: What Does This Mean for Employees?

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. On March 25, 2021, the U.S. District Court for the District of New Jersey issued a ruling […]
April 13, 2021

Can My Employer Really Fire Me for Protesting?

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. 2020 was a very tumultuous year, and 2021 started off with a violent insurrection.  Many employers terminated employees […]
April 12, 2021

New Rules in Sight for New Jersey Family Leave

By Francine Foner, Esq., and Ty Hyderally, Esq. The recently enacted American Rescue Plan Act of 2021, signed by President Biden on March 11, 2021, does […]
April 7, 2021

Montclair Pre-K and Elementary Schools to Reopen April 12, 2021

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. Montclair Public Schools began remote learning over a year ago.  Remote learning and in-person instruction during the pandemic […]
March 30, 2021

“She-Cession” — Will Affordable Childcare Bring Women Back to the Workplace?

By Renee Jiang, Francine Foner, Esq., and Ty Hyderally, Esq. The economic downturn caused by the COVID-19 pandemic has impacted women disproportionately.  More than 12 million […]
March 29, 2021

A Win for Pregnant Workers!

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. As discussed in an earlier blog (November 23, 2020), the New Jersey Supreme Court recently heard a case […]
March 15, 2021

COVID-19 is Making a Case to Bring Back Women to the Workforce

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. March is Women’s History Month, and this year, more than ever, it is important to recognize the […]
March 12, 2021

Attention Pregnant Employees! Pregnant Workers Fairness Act May Finally Pass After Eight Years of Debate

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. The Pregnant Workers Fairness Act (“PWFA”) was first introduced eight years ago, in 2012, and has since […]
March 8, 2021

Lesson for New Jersey Boards of Education: Unemployment Benefits Do Not Offset Back-Pay Awards in Tenure Cases

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. The New Jersey Appellate Division recently clarified that back-pay which is due to tenured teachers is not offset […]
March 5, 2021

New Jersey’s LGBT Married Couples May Soon Breathe a Sigh of Relief

By Renee Jiang, Francine Foner, Esq., and Ty Hyderally, Esq. On February 9, 2021, New Jersey lawmakers introduced a marriage equality bill seeking to codify same-sex […]
February 25, 2021

Can Your Employer Force You to take the COVID-19 Vaccine?

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. Since the long-awaited COVID-19 vaccine has arrived, many people have begun to question whether their employers are […]
February 23, 2021

Breaking the Silence: Confidential Settlements of Employment Claims

By Francine Foner, Esq., and Ty Hyderally, Esq. The Me-Too movement has brought to the forefront the problem with confidentiality provisions in settlement agreements which silence […]
February 17, 2021

Is a Dairy Milk Company Milking its Truck Drivers Out of Overtime Pay?

By:  Jennifer Vorih, Esq., and Ty Hyderally, Esq. The New Jersey Wage and Hour Law (“NJWHL”) requires employers to pay employees 1.5 times their regular hourly […]
February 10, 2021

Brougher v. Pinterest: A Landmark Settlement in a Gender Discrimination Case

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. In August 2020, Francoise Brougher released a shocking blog post titled, “The Pinterest Paradox: Cupcakes and Toxicity” […]
February 3, 2021

Growing Recognition of Implicit Bias

By Francine Foner, Esq., and Ty Hyderally, Esq. What is “implicit bias”?  In a bill proposed in March 2020 to address implicit bias in prenatal care, […]
January 29, 2021

Montclair Teachers Scheduled to Return to the Classroom Pre-Vaccination: Must they Risk their Lives for their Livelihoods?

By: Jennifer Vorih, Esq. and Ty Hyderally, Esq. For Montclair teachers, parents, students, and school staff, it’s been a long haul since March 16, 2020, when […]
January 27, 2021

New Administration Aims to End Mandatory Arbitration and Non-Compete Agreements

By Francine Foner, Esq., and Ty Hyderally, Esq. With the election of Joe Biden, and the Democrats having regained control of the Senate, a number of […]
January 26, 2021

Biden Swiftly Overturns Ban on Transgender Individuals Serving in the U.S. Military

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. Although the induction of the Biden administration was just last week, the new administration has swiftly set […]
January 20, 2021

Nurses and Hospital Workers – You Have Protections!

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. It’s no secret that employees in the health care industry have been hit hard over the past […]
January 19, 2021

Whistleblower Wins His Day in Court!

By Francine Foner, Esq., and Ty Hyderally, Esq. Thomas Brodowski, formerly a Vice President of Administrative Services at Hudson County Community College, reported various activities which […]
January 12, 2021

Hoboken’s Police Chief Gets Another Shot at Proving his Whistleblowing Claim

By: Jennifer Vorih, Esq. and Ty Hyderally, Esq. In a January 7, 2021 decision, the New Jersey Appellate Division reversed the summary judgment dismissal of Anthony […]
January 11, 2021

Food Workers in NY – You have Rights!!!!

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. On December 17, 2020, amendments to New York’s Fair Work Practices Code (the “Code”) were passed which […]
January 8, 2021

Judge’s Baffling Jury Instruction Wins Whistleblower a New Trial

By Francine Foner, Esq., and Ty Hyderally, Esq. When can a judge’s faulty jury instruction result in a new trial?  That is what the Appellate Division […]
December 29, 2020

Is My Employer’s Arbitration Agreement Valid?

By: Chantal N. Guerriero, Esq. and Ty Hyderally, Esq. Arbitration agreements have taken over employment contracts by storm in recent years.   Although often not considered by […]
December 21, 2020

Hostile Work Environment Claims Against Lakewood Township Are Going to a Jury!

By Francine Foner, Esq., and Ty Hyderally, Esq When do racist or sexist remarks in the workplace amount to a hostile work environment under the New […]
December 15, 2020

NJ Whistleblowers Claim Employer Used COVID-19 As an Excuse to Terminate Them

By Chantal N. Guerriero, Esq., and Ty Hyderally, Esq. In the employment law world, it is certainly not unique for an employer to create an excuse […]
December 11, 2020

Surprise! A Religious School Firing Someone Because She is Pregnant is Pregnancy Discrimination!

By: Jennifer Vorih, Esq. and Ty Hyderally, Esq. In a recent case, the New Jersey Appellate Division – for a second time – reversed the granting […]
December 8, 2020

How Soon Will Offices and Business Fully Reopen as Employees Get Vaccinated?

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. Almost a year into the COVID-19 (“coronavirus”) pandemic, it is safe to say that many of us are […]
December 4, 2020

New York Case Offers Guidance on Filing Claims Against Employers for Failing to Follow Health and Safety Laws During the Pandemic

By: Lía Fiol-Matta, Esq. and Ty Hyderally, Esq. In these uncertain pandemic times, many employees are able to work from home yet others cannot protect themselves […]
December 2, 2020

Can Your Employer Mandate That You Get a COVID-19 Vaccine?

By Francine Foner, Esq., and Ty Hyderally, Esq With the anticipation of COVID-19 vaccines soon becoming available, New Jersey employers may desire to mandate that their […]
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, […]
January 27, 2017

Can an Employer Take an Employee’s Tips?

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 2, 2016

When Does Workplace Bullying Become Illegal Harassment in New Jersey?

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

Mandatory Overtime: Can Employees Refuse to Work Overtime Hours?

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

New Jersey Workers Can Have Two Employers

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 […]
October 10, 2016

English Only Rules: Can An Employer Forbid You From Speaking Another Language at Work?

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 […]
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 […]
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. […]