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New Jersey Employment Attorneys Blog

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Religious Accommodations: The Accommodation Needs To Be Reasonable, Not The Belief

There are many religions and religious beliefs. There’s Judaism, Christianity, Islam, Bahá’í Faith, Hinduism, Taoism, Buddhism, Sikhism, Slavic neopaganism, Celtic polytheism, Heathenism (German paganism), Semitic neopaganism, Wicca, Kemetism (Egyptian paganism), Hellenism, Italo-Roman neopaganism to name a few. Whatever your sincerely held religious belief is, if any, federal and state law protects your right to observe those…

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Disabled Workers May Have to Be Accommodated With A“Light Duty” Job Under Federal and State Disability Discrimination Laws

People get aches and pains all the time. Your back hurts, your stomach is upset, or you are coughing and congested from a bad cold. Generally, that’s what sick days are for. And then there are times when someone sustains an injury or illness that temporarily prevents them from physically,…

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EMPLOYERS MUST PROVIDE DISABLED EMPLOYEES WITH REASONABLE ACCOMMODATIONS IN THE WORKPLACE

The Americans with Disabilities Act (“ADA”) and the New Jersey Law Against Discrimination (“LAD”) protects physically and mentally disabled employees from discrimination.  An employer cannot discriminate in their job applications, hiring, firing, training, pay, promotion, benefits, or leave against a disabled employee. Furthermore, an employer may not harass or retaliate…

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NEW JERSEY WORKERS MUST BE PAID FOR EACH HOUR WORKED; WORKING “OFF THE CLOCK” IS NOT PERMITTED

The federal Fair Labor Standards Act (“FLSA”) and the New Jersey Wage and Hour Law (“NJWHL”) protect the wages of New Jersey’s hourly workers. They do this by requiring employers to compensate hourly wage employees for each hour worked at a minimum wage rate (in New Jersey the minimum wage…

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MASHEL LAW FILES A NATIONWIDE COLLECTIVE CLASS ACTION SUIT AGAINST TRANS WORD ENTERTAINMENT CORPORATION

Mashel Law, L.L.C. filed a nationwide collective class action against Trans World Entertainment Corp., Record Town, Inc. and Record Towns USA, LLC (collectively referred to herein as “Trans World”) on behalf of its client Carol Spack and all similarly situated current and former employees of the Trans World to recover…

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AN OUT OF STATE WORKER MAY BRING A CLAIM UNDER NEW JERSEY’S WHISTLEBLOWER LAW IF THE EMPLOYER IS HEADQUARTERED IN NEW JERSEY

New Jersey’s Whistleblowing Law is “remedial social legislation designed to promote two complementary public purposes: ‘to protect and [thereby] encourage employees to report illegal or unethical workplace activities and to discourage public and private sector employers from engaging in such conduct.”’ D’Annunzio v. Prudential Ins. Co., 192 N.J. 110, 119 (2007) (quoting Yurick…

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The Use of the Fluctuating Work Week (FWW) Formula to Calculate Overtime Wages Has Not Been Adopted in New Jersey

Bed Bath & Beyond’s (BBB) effort to dismiss a class action lawsuit filed by Mashel Law, L.L.C. has failed.  The class action alleges BBB violated New Jersey’s Wage and Hour Laws (NJWHL) by not paying its Assistant Store Managers (ASMs), Customer Service Representatives (CSRs) and Department Managers (DMs) in its…

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MASHEL LAW FILES CLASS ACTION LAWSUIT AGAINST BED BATH & BEYOND, INC.

New Brunswick, N.J., November 1, 2016 – Brent Carter, Robert Haynes and Kenneth Cuoco, filed a class action lawsuit in Middlesex County Superior Court against Bed Bath & Beyond, Inc. (BBB) on behalf of themselves and all similarly situated current and former employees who worked in BBB stores located in…

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EMPLOYEES NEED NOT PROVE ACTUAL OR CONSTRUCTIVE DISCHARGE IN ORDER TO RECOVER UNDER NEW JERSEY’S WHISTLEBLOWER LAW

A constructive discharge occurs when conditions at work become so unlawfully and intolerably hostile an employee is left with no choice but to resign. Previously, to recover under New Jersey’s Whistleblower Law – the Conscientious Employee Protection Act (CEPA) – a litigant was required to prove actual or constructive discharge.…

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