Expressing ourselves through social media is the norm. Whether it’s a wacky, funny selfie with dog ears on Snapchat, or posting a snarky comment on Facebook; it is a way to express ourselves. However, it is also a quick way for employers to find out about what their employees are…
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…
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…
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…
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…
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…
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…
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.…
On September 19, 2016, the New Jersey Supreme Court upheld large emotional distress verdicts in a national origin discrimination case where the plaintiffs, Ramon and Jeffrey Cuevas, neither treated with a mental health professional, nor presented expert testimony at trial in support of their respective claims of emotional distress damages.…
In our blog article posted on August 3, 2016, we discussed the growing trend of court jurisdictions throughout the country adopting the cat’s paw causation theory to conclude that employers can be held liable for the discriminatory or retaliatory acts of supervisors and subordinate co-workers. To remind, under the cat’s…