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Blog Category: Employment & Discrimination

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...

Can an Employer be Liable for Rescinding a Verbal Employment Offer?

Apr 12, 2021 | Written by: Kelly A. Lichtenstein, Esq. |

When employment is promised orally for months and then the offer is rescinded, can the employer be liable for damages even though a contract was never signed?

How to Identify Unlawful Pay Disparities

Apr 12, 2021 | Written by: Sharon M. Flynn, Esq. |

The federal Equal Pay Act of 1963 requires equal pay for equivalent work.  Employers cannot pay different wages or benefits on the basis of gender for “equal work on jobs the performance of which...

What Employers Need to Know About the American Rescue Plan Act of 2021 (ARPA)

Mar 17, 2021 | Written by: Leslie A. Parikh, Esq. |

President Joseph R. Biden signed the American Rescue Plan Act of 2021 on March 11.  The Act provides $1.9 trillion in relief funds across a broad range of areas.  The following provisions are...