On March 11, 2024, the U.S. Department of Labor’s (USDOL) final rule for determining whether a person is an employee or an independent contractor under the federal Fair Labor Standards Act (FLSA) will take effect. 29 CFR part 795. FLSA establishes minimum wage, overtime pay, recordkeeping and child labor standards…
Using enhanced powers provided by legislation signed by Governor Phil Murphy in 2020 and 2021 the New Jersey Attorney General’s Office recently filed a complaint (the “Complaint”) in the New Jerey Superior Court of Essex County on behalf the of the Commissioner of the New Jersey Department of Labor and…
A legal question recently presented to the New Jersey Superior Court on a Motion to Dismiss filed by a New Jersey based Defendant Corporation for answering was whether its former Plaintiff employee who worked remotely for it from her home in North Carolina was protected from an alleged unlawful retaliatory…
The Pregnant Workers Fairness Act (“PWFA”) which came into effect earlier this summer requires employers to provide “reasonable accommodations” for pregnant and postpartum workers went into effect expanding protections for millions of people. The PWFA applies to employers with 15 or more employees, including hourly workers. In addition to covering pregnant…
Can a Catholic Church which owns and operates a religious parochial school discharge one of its unmarried teachers because she became pregnant in violation of the Catholic Church’s teachings and her employment contract which both forbade engaging in premarital sex? In Crisitello v. St. Theresa School, 2023 N.J. LEXIS 847…
The New Jersey Supreme Court has yet to decide whether an out-of-state remote worker who worked for a New Jersey-based company is protected by New Jersey’s laws prohibiting workplace discrimination. This is why the New Jersey District Court for the District of New Jersey in Schulman v. Zoetis, Inc., 2023…
“A constructive discharge occurs when the employer has imposed upon an employee working conditions ‘so intolerable that a reasonable person subject to them would resign.'” Daniels v. Mut. Life Ins. Co., 340 N.J. Super. 11, 17 (App. Div. 2001) (quoting Muench v. Twp. of Haddon, 255 N.J. Super. 288, 302…
Plaintiff Kalloo, age 61, worked for New York New Jersey Rail, LLC (NYNJR) for some 13 years as a train engineer. He got into a physical altercation with a coworker who was only 23 years old. Witnesses seemed to corroborate that Kalloo was the instigator. Kalloo was terminated for cause…
In a case of first impression, Judge O’Hearn of the United Stated District Court of the District of New Jersey (USDNJ) concluded that there is neither an express or implied cause of action under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”), N.J.S.A. 24:6I-52. Judge O’Hearn…
Recently the New Jersey Appellate Division held that a 60-year-old electronics systems engineer and computer programmer with a Ph.D. did not make out a case for age or disability discrimination under New Jersey’s Law Against Discrimination (LAD) after refusing a temporary assignment as a field telephone pole lineman. In Estate…