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New Jersey Employment Lawyer Blog

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Limited Time to Review Release is No Defense to Waiver of Employment Law Claims

Often, companies offer money or other benefits to employees who they have laid off or fired, as part of a severance agreement or separation package. Most severance agreements require you to waive your employment law rights before you can receive those benefits. In a recent case, Gregory v. Derry Township…

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New Jersey Makes it Illegal to Discriminate Against Unemployed Job Candidates

Last November, I wrote about a potential new law that would make it illegal for companies in New Jersey to say that unemployed job candidates need not apply for job openings. Governor Christopher Christie conditionally vetoed the bill, and recommended several changes to it. The Legislature passed an amended version…

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More About the EEOC’s New Americans with Disabilities Act Regulations

Last week, I discussed the Equal Employment Opportunity Commission (“EEOC”)’s new regulations regarding the Americans with Disabilities Act Amendments Act (ADAAA) which discuss the newly broadened scope of the ADA, and the terms “major life activity” and “substantially limited.” In this article, I will focus on ADAAA regulations that cover…

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EEOC Issues New Americans with Disabilities Act Regulations

As I previously discussed, protection for disabled employees was vastly expanded on January 1, 2009, when the Americans with Disabilities Act Amendments Act (ADAAA), a law expanding the scope of Americans with Disabilities Act (ADA), went into effect. On March 25, 2011, the United States Equal Employment Commission (EEOC) established…

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Gender Discrimination Lawsuit Gives Bayer a Headache

A group of six female employees of Bayer HealthCare Pharmaceuticals recently filed a class action lawsuit claiming the company discriminated against them because of their gender. The case, which was filed in the United States District Court in Newark, New Jersey on March 21, 2011, seeks $100 million in damages.…

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U.S. Supreme Court Rules FLSA Forbids Retaliation Against Employees Who Make Oral Complaints

On March 22, 2011, the United States Supreme Court ruled that the Fair Labor Standards Act of 1938 (“FLSA”) prohibits employers from retaliating against employees who make oral complaints about violations of the FLSA. The FLSA is a federal law that sets minimum wages, maximum hours, and overtime pay requirements.…

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New York Federal Court Requires Early Mediation in Most Employment Discrimination Cases

In January, the United States District Court for the Southern District of New York (“SDNY”) began requiring early mediation in all employment discrimination cases other than cases brought under the Fair Labor Standards Act (“FLSA”). Mediation is a form of Alternative Dispute Resolution (“ADR”) in which a lawyer, retired judge,…

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Appellate Court Reduces $10 Million Punitive Damages Award For Age Discrimination to $2,465,000

Earlier this month, New Jersey’s Appellate Division reduced a punitive damages award in an age discrimination case in which the jury had awarded $10 million, to slightly less than $2.5 million. Punitive damages are awarded to punish a defendant when its actions are especially egregious. The Evidence of Age Discrimination…

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New Jersey Appellate Division Reinstates Retaliation Claim Against Department of Corrections

On February 28, 2011, New Jersey’s Appellate Division issued an unpublished opinion ruling that a jury should decide whether the New Jersey Department of Corrections (“DOC”) retaliated against one of its employees, Bienvenido Montalvo. Mr. Montalvo Filed a National Origin Discrimination Complaint With the EEOC Mr. Montalvo worked for DOC…

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U.S. Supreme Court Adopts “Cat’s Paw” Discrimination Theory

Yesterday, the United Supreme Court decided an important employment law case. Specifically, in Staub v. Proctor Hospital, the Supreme Court ruled that companies can be held liable for an adverse employment decision, even if the employee who actually made the decision did not discriminate, when another supervisor’s discriminatory actions or…

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