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Category Archives: Uncategorized

December 18, 2018

Minority Shareholder Properly Terminated as At-Will Employee

In a case involving an employment dispute between a company and a minority shareholder, the Appellate Division held that a minority shareholder who was an at-will employee of the company was properly terminated and she had no reasonable expectation of continuing employment. Metro Commercial Management v. Van Istendal, – N.J. Super. – (App. Div. 2018).  Read More arrow

March 2, 2016


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

January 19, 2016

Causal Connection and Employer Liability for Punitive Damages under CEPA

The Appellate Division has recently reaffirmed that to establish a successful CEPA claim an employee must further show that a “causal connection exists between the whistleblowing activity and the adverse employment action.” A court will infer, based on the surrounding circumstances, whether or not a causal connection exists between adverse employment consequences and the protected  Read More arrow

November 10, 2015

Affordable Care Act

The Senate has followed the House of Representatives in passing the Pace Act. The purpose of the act is to stop a change in the definition of “small employer” which would have increased the size of businesses falling into this category. The “small business” designation presently is limited to 50 employees or fewer. Under the  Read More arrow

September 23, 2015

Affirmative Defense for Employers in Sexual Harrassment Cases

In addition to being potentially liable for negligence for failing to take measures to prevent sexual harassment in the workplace, an employer also may be vicariously liable for a supervisor’s actions if he or she sexually harasses another in the workplace. The New Jersey Supreme Court in Aguas v. State, recently recognized an affirmative defense  Read More arrow

January 5, 2015

SPSK Publishes Two Articles in the Labor and Employment Law Edition of New Jersey Lawyer Magazine

In “Accommodation of Religion in the Workplace” John M. Bowens discusses the Hobby Lobby and Abercrombie cases and issues employers face in accommodating an employee’s religious beliefs in the workplace. In “What’s in a Name? U.S. Supreme Court Defines ‘Supervisor’”  Cynthia Flanagan and Brian Lehrer discuss the United States Supreme Court’s decision in Vance v. Ball State  Read More arrow

July 17, 2013

Tattle-Telling of Minor Rule Infractions Does Not a CEPA Claim Make

The Supreme Court of New Jersey in Battaglia v. United Parcel Service, Inc., A-86/87-11 (July 17, 2013) restricted  what constitutes “protected activity” under New Jersey’s Conscientious Employee Protection Act (“CEPA”) and New Jersey Law Against Discrimination (“LAD”).  The court made clear that being a gadfly critical of co-workers conduct does not reach the type of  Read More arrow