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Articles Posted in New Jersey law

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Is it a Bonus or is it a Tip:  When Must Payments from Third Parties be Counted When Calculating Overtime Pay?

The Third Circuit recently addressed when a bonus an employee receives from someone other than his or her employer counts toward the employee’s “regular hourly rate” of pay under the Fair Labor Standards Act (“FLSA”). The FLSA is a federal law that, among other things, requires employers to pay most…

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Appellate Division Narrows But Enforces ADP’s Non-Compete Agreement

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…

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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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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…

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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…

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