The City of New York recently passed the Earned Sick Leave Act, a new law that will require employers in New York City to provide employees a minimum amount of sick leave per year. Specifically, employers will have to provide at least 1 hour of sick time for every 30…
New Jersey Employment Lawyer Blog
Court Holds Supervisor Can Be Held Personally Liable for Aiding and Abetting Own Violation of New Jersey Law Against Discrimination
Last week, I discussed a case in which New Jersey’s Appellate Division ruled a Jury Must Decide Whether Workers Are Employees or Independent Contractors Under New Jersey Law Against Discrimination. The same case also concludes that supervisors can be held personally liable under the New Jersey Law Against Discrimination (“LAD”)…
Jury Must Decide Whether Workers Are Employees or Independent Contractors Under New Jersey Law Against Discrimination
New Jersey’s Appellate Division recently analyzed whether three individuals were employees or independent contractors for purposes of the New Jersey Law Against Discrimination (LAD). The Court ruled that since there is a factual dispute whether they were employees or independent contracts, the question has to be answered by a jury.…
New Jersey Court Reverses Dismissal of Sexual Orientation Discrimination Case
Earlier this month the New Jersey Appellate Division permitted an employee to continue with his sexual orientation discrimination claim against his former employer, finding there is enough evidence to support his claim. Ronald Savoie, who happens to be gay, had a distinguished career as a teacher at The Lawrenceville School…
Supreme Court Rules Offer of Judgment Renders Overtime Collective Action Moot. Or Does it?
Last month, the United States Supreme Court dismissed an overtime case filed by an employee, Laura Symczyk, against her former employer, Genesis Healthcare Corporation. Ms. Symczyk filed the case as a collective action on behalf of herself and other similarly situated employees who were not paid for all of the…
Court Finds Employee’s Violation of Company’s Policy Protected by New Jersey Whistleblower Law
A federal judge recently denied an employer’s attempt to dismiss an employee’s claim under New Jersey’s whistleblower law, the Conscientious Employee Protection Act (CEPA). The employee, Mary Stapleton, claims her former employer, DSW, Inc., fired her in violation of CEPA. Ms. Stapleton worked for DSW, a shoe store, in New…
New York City Prohibits Discrimination Against Unemployed Job Candidates
New York City recently amended its anti-discrimination law, the New York Human Rights Law (NYCHRL), to prohibit discrimination against individuals who are unemployed. The amendment to the NYCHRL prohibits discrimination with respect to both hiring and the terms and conditions of employment on the basis that the job applicant is…
Arriving on Time is Not an Essential Function of Every Job
In both New York and New Jersey, employers are required to provide reasonable accommodations to disabled employees to allow them to remain employed. A reasonable accommodation is a change or modification to the way your job is performed that allows you to remain employed despite having a disability. However, employers…
Public Employees Can Pursue First Amendment Claim if Harmed by Employer’s Discrimination Against Coworker
Last week, I discussed Montone v. City of Jersey City, a case that ruled Police Sergeant Valerie Montone can proceed with her political affiliation case against the Jersey City Police Department. In the same opinion the Third Circuit ruled that eight other police sergeants can continue with their claim that…
Third Circuit Reinstates Police Sergeant’s Political Affiliation Discrimination Claim Against Jersey City
On March 8, 2013, the Third Circuit Court of Appeals ruled that Police Sergeant Valerie Montone can proceed with her civil rights case against the City of Jersey City, the Jersey City Police Department, Mayor Jerramiah Healy and retired Jersey City Police Chief Robert Troy. Montone claims she was passed…