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Blog Category: Employment Law

Appellate Division Rejects Aguas Defense in Employment Harassment Case

Jul 20, 2021 | Written by: Kelly A. Lichtenstein, Esq. |

In a recent decision, McBride v. Foulke Management, 2021 WL 1977156 (App. Div. May 18, 2021), the Appellate Division further defined the limits of the affirmative defense available to employers under...

NJ Employment Laws Protect Job Applicants During Hiring Process

Jul 19, 2021 | Written by: Sharon M. Flynn, Esq. |

Job seekers in New Jersey are afforded the protection of federal and state employment laws that address issues such as wages, overtime compensation, and workplaces that are free of discrimination and...

NJ Supreme Court Addresses Employee’s “Failure to Accommodate” Claim under LAD and WCA

Jun 23, 2021 | Written by: Kelly A. Lichtenstein, Esq. |

In Richter v. Oakland Board of Education, the New Jersey Supreme Court recently decided two major issues of first impression. First, an “adverse employment action” is not a required element of a...

Guidelines to Prevent Sexual Orientation and Gender Identity Discrimination in the Workplace

Jun 18, 2021 | Written by: Richard P. Cushing, Esq. |

On June 1, 2021, President Biden proclaimed June as LGBTQ+ Pride Month. To celebrate Pride Month, the U.S. Equal Employment Opportunity Commission (EEOC) has provided new resources to educate...

Is it Legal to Have a Grooming Policy or Dress Code at Work?

Jun 17, 2021 | Written by: Sharon M. Flynn, Esq. |

Dress codes and grooming policies are legal and can be enforced in the workplace in New Jersey.  Equal application, however, is the key.  Dress codes must apply equally to everyone.  If they do...

NJ Employers Can Eliminate Masks and Social Distancing for Vaccinated Employees as of June 4

May 28, 2021 | Written by: Leslie A. Parikh, Esq. |

On May 26, 2021, New Jersey Governor Phil Murphy issued Executive Order (“EO”) 243 which, as of June 4, 2021, gives employers the discretion to allow employees to do away with masks and social...

Pending NJ Assembly Bill Could Restrict Use of Biometric Data by Employers and Others

May 17, 2021 | Written by: Sharon M. Flynn, Esq. |

It is not uncommon for employers in New Jersey to use various methods to monitor their employees throughout the workday.  However, some employers are using increasingly high-tech methods to do so,...

Court Addresses Claims of Mailing Sent but Never Received

May 13, 2021 | Written by: Arthur D. Fialk, Esq. |

An unreported U.S. District Court case, Taylor v. CDS Advantage Solutions, (D.N.J 2021) discussed arbitration and opt-out issues.  However, central to the case was the issue of a mailing purportedly...

“NJ Pregnant Workers Fairness Act” Addressed in Court’s Pregnancy Discrimination Decision

May 7, 2021 | Written by: Kelly A. Lichtenstein, Esq. |

On March 9, 2021, the New Jersey Supreme Court issued an important employment law decision on pregnancy discrimination in the case of Delanoy v. Township of Ocean, 245 N.J. 384 (2021), which discusses...

Injured Workers to be Reimbursed for Medical Marijuana by Employers and Workers’ Compensation Carriers

Apr 28, 2021 | Written by: Leslie A. Parikh, Esq. |

The New Jersey Supreme Court recently ruled in Hager v. M&K Construction that employers and workers’ compensation carriers are now required to reimburse injured employees for medical marijuana...