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Articles Posted in employee rights

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Supreme Court Makes it Easier to Receive Accommodations for Religious Beliefs

Last month, the United States Supreme Court made it easier for employees to prove a claim that their employer failed to accommodate an employee’s religious beliefs under Title VII of the Civil Rights Act of 1964. Gerald Groff worked for the United States Postal Service (“USPS”). Mr. Groff is an…

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Coronavirus: New Jersey Employment Rights During a Pandemic

We are all in a state of high anxiety over COVID-19, also known as the Coronavirus.  While we need to put personal and community health concerns first, nobody should have to lose his or her job as a result of this crisis. But what are your New Jersey employment law…

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New Jersey Law Prohibits Discrimination for Prescribed Off-Duty Medical Marijuana Use

Today, in Wild v. Carriage Funeral Holdings, Inc., the New Jersey Supreme Court ruled that employers cannot discriminate against employees for using prescribed medical marijuana while off-duty.  Rather, doing so constitutes disability discrimination in violation of the New Jersey Law Against Discrimination (“LAD”). The New Jersey Supreme Court affirms a…

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Rumors Female Employee Had Affair with Male Superior Can be Sexual Harassment

A recent opinion by New Jersey’s Appellate Division recognizes that false rumors of a sexual relationship between a female employee and a male superior can create a legally actionable hostile work environment. Jennifer Schiavone is a senior corrections officer for the New Jersey Department of Corrections (“DOC”).  In 2013, the…

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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…

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Court Finds Bullying Could Violate Employee Handbook

Under New Jersey law it is unlawful for an employer to harass an employee because she belongs to a legally-protected category, such as because of her gender, age, race or disability.  But the law does not necessarily prohibit a boss from bullying or indiscriminately harassing other employees. Nonetheless, earlier this…

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New Jersey Enacts New Sick Leave Law

New Sick Leave Requirements Earlier this month, Governor Phil Murphy signed an important new employment law that requires employers to provide paid sick leave to their employees.  Specifically, New Jersey’s new paid sick leave law requires employers to provide most employees one hour of paid sick leave for every 30…

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New Jersey Supreme Court Clarifies How to Prove Disability Discrimination

Earlier this week, the New Jersey Supreme Court clarified how to determine whether an employer fired an employee because of a disability in violation of the New Jersey Law Against Discrimination (“LAD”). Maryanne Grande, RN, worked for Saint Clare’s Health System for approximately 10 years.  During that time she suffered…

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Employer’s “Honest Belief” Defeats FMLA Retaliation Claim

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,…

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Prison Guard Cannot Wear Khimar as Accommodation for Religious Belief

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…

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