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New Jersey Employment Attorneys Blog

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THIRD CIRCUIT SAYS UBER DRIVERS MAY BE EXEMPT FROM ARBITRATION AGREEMENTS IF THEY CAN SHOW THEY ARE ENGAGED IN INTERSTATE COMMERCE

Employment Arbitration Agreements typically force employees to resolve legal disputes with their employer through an opaque process controlled by a privately retained arbitrator, rather than publicly through our relatively transparent jury-based court system. These privately retained arbitrators often favor the large corporation employers who provide them repeat business as opposed…

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Eligibility for Unemployment Benefits Depends on the Substance of the Relationship Existing Between Employer and the Person Who Claims to Be An Employee

Neither the language of an employment agreement, nor the label an employer places on an employee, determines eligibility for unemployment benefits; rather, it is the substance of the business relationship which does. Law Office of Gerard C. Vince v. Bd. of Review, 2019 N.J. Super. Unpub. LEXIS 1846, (decided on…

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Although Required Under New Jersey Workers Compensation Act to Provide An Employee With Medical Treatment For A Work Injury, An Employer Is Not Required Under New Jersey’s Law Against Discrimination to Provide Such Treatment As A Means of Reasonably Accommodating A Claimed Disability Resulting From the Work Injury

The exclusive remedy for a worker injured on the job is to pursue workers compensation benefits under New Jersey’s Workers Compensation Act (WCA) in the form of authorized medical treatment, temporary disability benefits and a partial permanency award to the extent applicable.[1]  Relatedly, New Jersey’s Law Against Discrimination (LAD) requires…

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FEDERAL DISTRICT COURT JUDGE ORDERS WAWA, INC. TO PAY $1.4 MILLION TO SETTLE FLSA MISCLASSIFCATION CLASS ACTION LAWSUIT

After two years of litigation in federal court, U.S. District Court Judge Peter Sheridan ordered Wawa, Inc. (Wawa) to pay $1.4 million in order to settle a class action lawsuit filed against it by assistant store managers called “Assistant General Managers” (AGMs) who alleged violations of the Fair Labor Standards…

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NEW JERSEY AMENDS WAGE PAYMENT LAW TO PROVIDE GREATER PROTECTIONS TO WORKERS

To ensure all New Jersey employees are fairly and timely compensated for their work, Acting New Jersey Governor Sheila Oliver signed S1790 into law this week which amends the existing New Jersey Wage Payment Law (NJWPL) to provide significantly more protections for employees who have been victims of wage theft.…

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STATE BILL SIGNED INTO LAW THIS MONTH REINFORCES THE PUBLIC POLICY GOALS OF THE DIANE B. ALLEN EQUAL PAY ACT BY PROHIBITING DISCRIMINATION AS APPLIED TO SALARY HISTORY OF JOB APPLICANTS

Assembly Bill 1094, which prohibits employers from screening applicants based on the applicant’s salary history, was signed into law on July 25, 2019 after passing in the New Jersey Assembly and Senate earlier this year. Under this new legislation, it shall be an unlawful employment practice for any employer: (1)…

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THE CONTINUING VIOLATIONS DOCTRINE MAY SAVE HOSTILE WORK ENVIRONMENT CLAIMS OTHERWISE BARRED UNDER NEW JERSEY LAD’S TWO-YEAR STATUTE OF LIMITATION

Although the statute of limitations for filing a claim under New Jersey’s Law Against Discrimination (LAD) lapses after two years from the last act of discrimination, a plaintiff may still have a viable LAD claim under the continuing violation doctrine according to a recent Appellate Division decision in Mansour v.…

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NEW JERSEY FEDERAL DISTRICT COURT SAYS THAT ALTHOUGH A PLAINTIFF MAY USE COMPARATOR EVIDENCE TO SHOW HE WAS WRONGFULLY DISCHARGED BECAUSE OF HIS RACE, THE ONLY “VARIABLE” IN THE COMPARATOR EVIDENCE SHOULD BE THE RACE OF THE PLAINTIFF

Although a Plaintiff may attempt to prove his discrimination claim by showing how he was treated differently than similarly situated workers not of his protected class, e.g., race, according to a recent decision of the federal District Court of New Jersey there must be little or no difference in the…

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NONRESIDENT OUT-OF-STATE WORKERS SEEKING EMPLOYMENT IN NEW JERSEY MAY BE PROTECTED UNDER THE LAW AGAINST DISCRIMINATION

The Appellate Division recently held that in enacting the New Jersey Law Against Discrimination (NJLAD), the Legislature intended the Act to be construed as broad enough to extend to certain nonresidents who sought employment in the State. Calabotta v. Phibro Animal Health Corp., N.J. Super. LEXIS 100 (June 27, 2019).…

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FOLLOWING THE AFTERMATH OF A HOTEL WORKER BEING SEXUALLY ASSAULTED BY A GUEST, NEW JERSEY BECOMES THE FIRST STATE TO REQUIRE HOTEL WORKERS BE PROVIDED WITH PANIC BUTTONS

Recognizing the unique vulnerability of hotel housekeeping and room service employees who often work alone while cleaning guests’ rooms, New Jersey Governor Phil Murphy signed into law this month a requirement that ensures hotels with over 100 guest rooms provide its employees with panic button devices to protect them when…

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