Recently in Scheuer v. RMTS, LLC, 2025 N.J. Super. Unpub. LEXIS 84 (App. Div. Jan. 21, 2025), the New Jersey Appellate Division addressed significant workplace legal issues including wrongful termination, retaliation, failure to accommodate and disability discrimination, and gives guidance to trial courts as to how such disputes should be…
In 2021, the New Jersey Legislature enacted the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) to legalize and regulate marijuana use in the State of New Jersey. Among its provisions, CREAMMA prohibits New Jersey employers from refusing to hire a job applicant for the use of cannabis, as…
The New Jersey Law Against Discrimination (LAD) prohibits employers from discriminating against employees by treating them hostilely or differently based on the employee’s race/color, sex/gender, age, national origin/ancestry, religion/creed, disability (temporary or permanent), sexual orientation, and gender identity, among other protected class characteristics. Earlier this year, the New Jersey Division…
On behalf of a client, Mashel Law recently filed a multicount complaint in the New Jersey Superior Court alleging, inter. alia., that she as the Plaintiff/Employee, was the victim of a hostile work environment and disparate treatment because of her female gender which ultimately resulted in her retaliatory wrongful discharge…
To be considered to have a protected “disability” under New Jersey’s Law Against Discrimination (LAD), one must show they have: 1. Any physical disability, infirmity, malformation or disfigurement …
In the workplace the New Jersey Law Against Discrimination (LAD) generally prohibits disparate (different) treatment of workers based on or motivated by their actual or perceived race, religion, disability, ancestry/national origin, gender, sexual orientation, gender identity or expression, and other protected characteristics. Establishing a disparate treatment claim typically requires proof…
Non-disparagement clauses in settlement agreements are provisions designed to prohibit designated parties from making negative, critical, or disparaging statements about the releasing party or each other. Until recently these clauses were used in employment settlement agreements to prevent claimants from bad-mouthing former employers or associated parties, or more broadly, to…
Historically there has been an inherent imbalance of power between employers and employees in the workplace. Indeed, the employer-employee relationship in law used to be referred to as a “master-servant relationship”. www. law.cornell.edu. An example of this disparate power is found in noncompete agreements forced on employees which typically act…
On February 6, 2023, New Jersey Governor Phil Murphy signed into law the Temporary Workers’ Bill of Rights (“TWBR”) The enactment the TWBR marked a significant stride forward towards ensuring fair and just treatment for all New Jersey workers because it elevates labor standards and holds employers accountable. The TWBR…
Each claim brought against an employer has a statute of limitations which is the deadline for filing a lawsuit. Most lawsuits must be filed within a certain amount of time. In general, once the statute of limitations on a case expires the legal claim is no longer valid. However, a…