A recent ruling from the District of New Jersey holds that an employer can violate the New Jersey Family Leave Act (“NJFLA”) by firing an employee for submitting a deficient medical certification to support her need for a family leave without giving her an opportunity to correct the deficiency. Mary…
Earlier this month, in a precedent-setting opinion, New Jersey’s Appellate Division ruled that the unemployment insurance benefits a former employee receives after being fired do not reduce the amount of lost wages the employee can recover in an employment discrimination lawsuit. Rex Fornaro worked as a flight instructor for Flightsafety…
Last October, I discussed a case in which the District of New Jersey issued an injunction which enforced ADP, LLC’s non-compete agreement with two of its former employees. Earlier this month, the Third Circuit Court of Appeals affirmed that ruling. Non-Compete Agreement in Online FormTerms Agreement ConceptADP claims that Jordan…
In a recent published opinion, New Jersey’s Appellate Division reversed a trial court’s rulings that an employee had waived his right to a jury trial under New Jersey’s whistleblower law, the Conscientious Employee Protection Act (“CEPA”). Greg Noren worked as a Relationship Manager for Heartland Payment Systems, Inc. for more…
Last week, the Third Circuit Court of Appeals ruled that an employee cannot establish a retaliation claim under the Family & Medical Leave Act (“FMLA”) if his employer honestly believed he abused his right to take time off under the FMLA. Frederick Capps worked as a mixer for Mondelez Global,…
A recent published opinion from the New Jersey Appellate Division recognizes that although the New Jersey Law Against Discrimination (“LAD”) requires employers to provide reasonable accommodations for employees’ sincerely held religious belief, that requirement does not apply when the accommodation would impose an undue hardship on the employer. Linda Tisby…
According to a recent report in the New Jersey Law Journal, New Jersey State Assemblyman Reed Gusciora is planning to propose legislation to improve paid family leave benefits. The New Jersey Paid Family Leave Act, which was passed in 2009, permits eligible employees to take up to 6 weeks of…
Starting on January 1, 2017, the minimum wage has increased in New York State, New York City and New Jersey. Specifically: New Jersey The minimum wage has increased from $8.38 to $8.44 per hour as a cost of living increase. Under New Jersey law, there will be additional cost of…
Earlier this month, the United States District Court for the District of New Jersey permitted an employee to continue with his claim that his employer harassed him because he is disabled, but dismissed his other disability discrimination claims. Francis Gavin worked for Haworth, Inc. in various sales roles. Mr. Gavin…
Last month, the United States Equal Employment Opportunity Commission (“EEOC”) issued a new Enforcement Guidance regarding national origin discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). While the Guidance is not legally binding, it explains the position of the Commissioner of the EEOC. Below is…