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Category Archives: Employee Rights

January 12, 2018

New Jersey Prohibits Discrimination Against Breastfeeding Women

New Jersey has just become the eighteenth state to prohibit workplace discrimination against nursing mothers. Legislation (S2709/A2294) signed into law on January 8th by outgoing Governor Christie amended the New Jersey Law Against Discrimination (“LAD”) to add breastfeeding as a protected category. The amendment, which is effective immediately, makes it a civil rights violation for  Read More arrow

December 12, 2017

NJ Supreme Court Limits Employment Waivers

In a case with significant consequences for employers, the NJ Supreme Court issued a decision today in Vitale v. Schering Plough Corporation, that prohibits employers from requiring as a condition of employment that employees waive third-party claims against the employer’s customers for injuries sustained on the job.  Under New Jersey’s Workers’ Compensation Act (“Act”), employees  Read More arrow

December 8, 2017

NJ Seeks to Limit Arbitration of Employment-Based Claims

S-3851, which was introduced on December 4 by Senator Loretta Weinberg (D-Bergen), would bar provisions in employment contracts that waive any substantive or procedural right or remedy relating to a claim of discrimination, retaliation or harassment.  The bill prohibits the waiver of any right or remedy under the NJ Law Against Discrimination or any other statute or  Read More arrow

January 3, 2017

Changes to Overtime Law

On December 1, 2016, a federal district court in Texas enjoined the implementation of new overtime rules, which were scheduled to take effect.  The principal aspect of the new rules doubled the minimum salary needed for an overtime exemption from $23,660 to $47,476. The Court of Appeals for the Fifth Circuit has fast-tracked the appeal  Read More arrow

November 16, 2016

Seventh Circuit holds that Title VII Does Not Apply to Sexual Orientation Claims

Tuesday, November 1, 2016 In Kimberly Hively v. Ivy Tech Community College1, the U. S. Court of Appeals for the Seventh Circuit decided that Title VII of the Civil Rights Act of 1964 does not protect employees from discrimination based on sexual orientation. The plaintiff, a teacher, claimed she was denied full employment and a  Read More arrow

August 17, 2016

NJ Supreme Court ruled that a collective bargaining agreement cannot trump a CEPA claim

2016 N.J. LEXIS 855, * In PUGLIA v. ELK PIPELINE, INC., A-38 September Term 2014, 075171 2016 N.J. LEXIS 855 (August 16, 2016), the plaintiff complained of a reduction in his wages and that of co-workers. The dispute was resolved but shortly thereafter, he was laid-off. He filed a complaint alleging, inter alia, a violation  Read More arrow

June 6, 2016

EEOC ANNOUNCES INCREASE IN POSTING FINES

The Equal Employment Opportunity Commission (EEOC) will increase the monetary fines for employers’ posting violations. The EEOC announced the increase on June 2 in the Federal Register. the new fines which will more than double the previous penalty will take effect in 30 days. The EEOC requires that Employers covered by Title VII of the  Read More arrow

March 2, 2016

EEOC CHALLENGES PRIVATE EMPLOYERS ON WORKPLACE DISCRIMINATION AGAINST GAYS

For the first time, the Equal Employment Opportunity Commission has filed cases against employers accusing them of discrimination based on sexual orientation. In an action against Scott Medical Health Center in Pittsburgh, the EEOC alleges that a supervisor subjected a gay employee to anti-gay epithets, and when he complained to the Center’s management, no action  Read More arrow

February 4, 2016

To “Air” is human

In a case of first impression, a woman has brought a discrimination-by-association suit under the ADA against her former employer. She claims that she suffered a hostile work environment as a result of her husband’s firing for having unrestrained flatulence. She had served as her husbands assistant and quit when he was fired. He had  Read More arrow

January 19, 2016

Arbitration agreements in employee handbooks not enforceable.

In a recent decision, the New Jersey Appellate division held that a clause in an employee handbook requiring arbitration of job disputes is unenforceable where the handbook also provides that it is not a binding employment contract. The opinion in Morgan v. Raymours Furniture Company Inc. 2016 N.J. Super. LEXIS 1 also held that an  Read More arrow