Last month, Governor Christie signed into law an amendment to the New Jersey Opportunity to Compete Act (“OTCA”). The OTCA, more commonly known as the “ban-the-box” law, restricts employers from inquiring about a job candidate’s criminal record during the initial job application process. The amendment to the OTCA went into…
New Jersey Employment Lawyer Blog
New Jersey Law Against Discrimination Protects Breastfeeding
Last week, the New Jersey Law Against Discrimination (“LAD”) was expanded to prohibit discrimination and harassment on the basis of breastfeeding and to require employers to provide certain reasonable accommodations for nursing. The LAD is New Jersey’s anti-discrimination law. It prohibits discrimination and harassment based on age, color, disability, gender…
Hourly Employees Must be Paid for Short Breaks
The Third Circuit Court of Appeals recently ruled that the Fair Labor Standards Act (“FLSA”) requires employers to pay employees for breaks during the workday that are no longer than 20 minutes long. American Future Systems, which does business as Progressive Business Publications, publishes and sells business publications. Progressive pays…
Court Extinguishes Volunteer Firefighter’s Whistleblower Claim
New Jersey’s Appellate Division recently ruled that volunteer firefighters are not protected by New Jersey’s whistleblower law, the Conscientious Employee Protection Act (“CEPA”), because they are not “employees.” For 20 years, Jeffrey Sauter served as a volunteer firefighter for the Township of Colts Neck, Fire Company No. 2. Although he…
Court Reinstates Sexual Harassment and Retaliation Claims
A recent Third Circuit opinion, Moody v. Atlantic City Board of Education, reversed a District Court’s order which had dismissed an employee’s sexual harassment and retaliation lawsuit. Michelle Moody worked as a substitute custodian for the Atlantic City Board of Education. She claims the custodial foreman of the New York…
Exotic Dancer Can Bring Overtime Claim in Court Despite Arbitration Agreement
In a recent ruling, the Third Circuit Court of Appeals concluded that an arbitration agreement did not prohibit an exotic dancer from pursuing her overtime and minimum wage claims in court. Alissa Moon worked at the Breathless Men’s Club, which is in Rahway, New Jersey. The Club treated her as…
Employee Eligible for Unemployment Benefits After Resigning When New Employer Rescinds Job Offer
A recent published decision from the New Jersey’s Appellate Division recognizes that an employee can be entitled to receive unemployment insurance benefits if she resigns from a job to accept a new job but her new employer rescinds her job offer before she begins the new position. Generally, New Jersey’s…
Jonathan I. Nirenberg Quoted in New Jersey Business Magazine
I was quoted in New Jersey Business Magazine’s September 2017 edition in an article about mass layoffs. You can read the article, Handling Business Closings and Layoffs, online. In the article, I discuss the fact that employers often use mass layoffs to hide discrimination or retaliation. Specifically, it is common…
New Jersey Law Against Discrimination Provides Additional Protection to Military Reserves
On August 8, 2017, Governor Chris Christie signed into law an amendment to the New Jersey law Against Discrimination (“LAD”) that provides additional protection to members of the United States military. The amendment went into effect immediately. Prior to the amendment, the LAD included “liability for service in the Armed…
Jury Must Decide Whether Employee Fired Because of Pregnancy or Insubordination
On August 3, 2017, New Jersey’s Appellate Division reversed a trial court’s opinion that had dismissed an employee’s pregnancy discrimination case, finding enough evidence from which a jury could conclude that the company’s claim it fired her for insubordination was a pretext for (excuse to cover up) discrimination. Sandra Roopchand…