By: Jennifer Vorih, Esq., and Ty Hyderally, Esq. In a novel gender discrimination case, the New Jersey Supreme Court recently held that, “actions taken to accommodate […]
By: Ashley A. Smith, Esq. and Ty Hyderally, Esq. In touristy parts of the New York metro area, you’ll find wannabe photographers, whole sidewalk-taker-uppers, maddeningly slow […]
As online shopping continues to grow by leaps and bounds, the role of warehouse employees has received unprecedented attention. From reports of inadequate bathroom breaks to […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
By: Ty Hyderally, Esq., and Jennifer Vorih, Esq. As employment litigators, we often speak with employees – or former employees – who might have been better […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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” […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
By: Ty Hyderally, Esq., Francine Foner, Esq., and Tom Daly. The New Jersey State Assembly is considering a bill that would significantly limit the enforcement non-compete […]
By: Ty Hyderally, Esq., and Jennifer Vorih, Esq. It is memorable that the New Jersey’s Law Against Discrimination (the “LAD”) was signed into law over seventy-seven […]
By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. Restaurant chain Chipotle recently reached a $7.75 million settlement with New Jersey to address years of child labor […]
By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. The coronavirus pandemic prompted a (perhaps newfound) awareness of and appreciation for the people employed by the healthcare […]
By: Ty Hyderally, Esq., and Jennifer Vorih, Esq. Employers sometimes misclassify their workers as independent contractors rather than as employees, either inadvertently or purposefully, in order […]
By: Ty Hyderally, Esq., Francine Foner, Esq Stephanie Halliday lived and worked in Texas for New Jersey-based Bioreference Laboratories, Inc. as the night clinical supervisor at […]
By: Jennifer Weitz, Esq. and Ty Hyderally, Esq. New York may be the next state to codify greater workplace protections for warehouse workers. The Warehouse Worker […]
By: Ty Hyderally, Esq. and Francine Foner, Esq. Many employees are required to sign a “non-compete” agreement, which places restrictions for some time period on the […]
By: Ashley A. Smith, Esq. and Ty Hyderally, Esq. In our last blog post, we discussed the meteoric rise of r/antiwork, a discussion board on popular […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
“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, […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
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, […]
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, […]
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 […]
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 […]