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Blog Category: Employment & Discrimination

Employer Takeaways From First Official Affordable Care Act Repeal and Replacement Proposal

Mar 10, 2017 | Written by: Leslie A. Parikh, Esq. |

On March 6, 2017, House Republicans offered their first official proposal for an Affordable Care Act (ACA) roll-back.  While much remains to be seen regarding the proposed draft, employers should be...

Employers: Anti-Discrimination Policies Can Help You Defend Against Vicarious Liability Claims

Feb 27, 2017 | Written by: Tracy B. Bussel, Esq. |

New Jersey Courts have recently acknowledged that an employer is entitled to an affirmative defense to a hostile work environment claim based on the employer having exercised reasonable care to...

Lyme Disease Is a Disability Entitled to Protection in the Workplace

Sep 7, 2016 | Written by: Arthur D. Fialk, Esq. |

A recent Appellate Division case, Cook v. Gregory Press, Inc., determined that Lyme disease qualifies as a disability under the Law Against Discrimination (LAD). 

Avoiding Common Mistakes in Your Employee Handbook

Jul 7, 2016 | Written by: Leslie A. Parikh, Esq. |

A poorly written, outdated, or inconsistent employee manual can hurt your company and lead to potential litigation down the line.  The most common mistakes to avoid are the following:

NJ Supreme Court Expands Definition of Marital Status Under the LAD

Jun 29, 2016 | Written by: William H. Pandos, Esq. |

The New Jersey Supreme Court recently issued an important interpretation of New Jersey’s “Law Against Discrimination” (LAD), of which all New Jersey employers should be aware. 

How Do the New DOL Overtime Rules Affect My Business?

Jun 1, 2016 | Written by: Deborah B. Rosenthal, Esq. |

On May 18, 2016, the U.S. Department of Labor (DOL) announced a final rule regarding overtime wage payment qualifications for the “white collar exemptions” under the Fair Labor Standards Act...

Supreme Court Rules on First Amendment Protection for Demoted Paterson Police Officer

May 11, 2016 | Written by: Deborah B. Rosenthal, Esq. and Kelly A. Lichtenstein, Esq. |

In Heffernan v. City of Paterson, a recently decided U.S. Supreme Court case, a government official demoted an employee because he believed that the employee supported a particular non-incumbent...

Are Companies Required to Pay Summer Interns?

Apr 20, 2016 | Written by: Deborah B. Rosenthal, Esq. |

Many companies hire interns over the summer, and mistakenly believe the interns do not have to be paid.  Since these companies are providing high school or college students with valuable work...

When Can an Employer Require a Fitness-for-Duty Exam?

Feb 25, 2016 | Written by: Deborah B. Rosenthal, Esq. |

Recently, the Appellate Division found that an employer wrongfully required an employee to undergo a fitness-for-duty examination after receiving an anonymous letter expressing concerns about the...

When Does “HO-HO-HO” Become “WOE, WOE, WOE”? Top 10 Ways to Prevent Your Company Holiday Party from Turning into Potential Litigation

Dec 8, 2015 | Written by: Deborah B. Rosenthal, Esq. |

While many companies sponsor holiday parties, the consumption of alcohol, coupled with dancing and a casual environment, can lead to various types of possible internal complaints and lawsuits. Here...