On July 26, 2019, New Jersey’s Appellate Division issued a detailed ruling regarding the non-compete and non-solicitation provisions in ADP, LLC’s stock option plan. In the process, the court provided a detailed explanation of how New Jersey courts should analyze restrictive covenants. The appeal stems from separate cases ADP filed…
New Jersey Employment Lawyer Blog
New Jersey Enacts Powerful New Wage & Hour Law Protections
Today, New Jersey’s Acting Governor Sheila Oliver signed an amendment to New Jersey’s wage and hour laws that makes several extremely important improvements. The amendment impacts several New Jersey laws, most importantly the Wage & Hour Law (“WHL”) and the Wage Payment Act (“WPA”). The WHL is a statute that…
Filing with EEOC Not Required for Court to Hear Title VII Lawsuit
Earlier this month, the United States Supreme Court ruled that filing a Charge of Discrimination is not required for a court to have jurisdiction over a lawsuit under Title VII of the Civil of Rights Act of 1964. Title VII is a federal law that prohibits discrimination based on race,…
Employer Liable for Injury Caused by Failure to Accommodate Employee’s Disability
The New Jersey Law Against Discrimination (“LAD”) requires employers to provide reasonable accommodations to disabled employees to permit them to be able to continue to perform their jobs. Ordinarily, an employee who brings a discrimination case under the LAD has to prove the discrimination led to an adverse employment action…
Trial Lawyer Has Apparent Authority to Settle Discrimination Case
A recent decision by New Jersey’s Appellate Division recognizes that, under the doctrine of apparent authority, a company’s attorney can bind it to a settlement whether or not the employer actually authorized him to settle the case. Jesus Gonzalez filed an employment discrimination lawsuit against his former employer, Electronic Integration…
Termination Three Weeks After Medical Leave Supports Disability Discrimination Claim
A recent decision by New Jersey’s Appellate Division demonstrates that under the right circumstances an employee can prove disability discrimination from the fact that her employer fired her shortly after she had surgery. Ada Caballero worked for Cablevision Systems Corporation for 15 years. In 2013, she was divorced. A few…
Close Enough? Who is “Similarly Situated” Under New Jersey Law Against Discrimination?
A recent decision by the Third Circuit Court of Appeals helps clarify who is a “similarly situated” employee in discrimination cases under the New Jersey Law Against Discrimination (“LAD”). This is important since one way to prove discrimination is by showing the employer treated other similarly situated employees more favorably…
New Jersey Employers Can’t Discriminate for Medical Marijuana Use Outside of Work
A recent decision by New Jersey’s Appellate Division recognizes that an employer can violate the New Jersey Law Against Discrimination (“LAD”) if it discriminates against a disabled employee because he uses medically prescribed marijuana to treat a disability outside of the workplace. Justin Wild worked as a licensed funeral director…
Expansions to the New Jersey’s Family Leave Act
Last month, New Jersey amended its Family Leave Act to expand the protections it offers to employees in several key ways. The Family Leave Act is a law that entitles covered employees to take up to 12 weeks off from work over a 24 month period to care for a…
New Protection to Employees Under New Jersey Law Against Discrimination
Yesterday, Governor Phil Murphy signed into law a very important amendment to the New Jersey Law Against Discrimination (“LAD”). Employees Cannot Waive Anti-Discrimination Rights in Advance Under the amendment, any provision in an employment contract that requires employees to waive in advance any “substantive or procedural right or remedy relating…