We congratulate soon-to-be Associate Justice Ketanji Brown Jackson on the Senate vote yesterday confirming her appointment to the Supreme Court of the United States. Justice Brown Jackson, who will be the first woman African American appointed to the Court, is extremely well qualified for the position. Having graduated magna cum…
New Jersey employees compensated on a commission basis maybe considered wage earners who are afforded the same legal protections as hourly or salaried employees under the New Jersey Wage Payment Law (the “NJWPL”). Consequently, when employers fail to pay employees the full value of commissions earned an employer may be…
Retaliatory adverse employment actions are not only limited to termination. If an employer engages in a bad faith or a sham internal investigation against an employee after the employee blew the whistle about conduct, he or she reasonably believed violated the law, was fraudulent, or was contrary to public policy,…
If you are unemployed and you left your New Jersey job because you reasonable believed you would be fired or laid off, you may still be eligible for unemployment benefits. Generally, employees who voluntarily quit working may not qualify for unemployment benefits because “the purpose of the New Jersey Unemployment…
Recently the United States Senate amended the Federal Arbitration Act (the “FAA”) by passing S. 2342, known as “The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” (the “Amendment”). The Amendment was passed with bipartisan approval and is expected to be signed into law by President Biden. Senate…
This past January 2022, Brian Flores was terminated by the Miami Dolphins after what objectively should be considered three successful seasons as its Head Coach. Initially, after Flores was first fired, Mike Tomlin of the Pittsburgh Steelers remained as the sole Black head coach in the NFL. Recently, in just…
The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) signed into law by Governor Phil Murphy on February 22, 2021 brought new employment protections for job applicants and employees who lawfully use cannabis recreationally while not at work, namely, employees cannot be subject to an adverse employment…
If you have notified your employer of your disability and are then terminated, your employer may be obligated to engage in an interactive dialogue to determine if they can accommodate you even after you are terminated. Put plainly, employers can be held liable for failing to accommodate an employee even…
On October 28, 2021, New York State Governor Kathy Hochul signed Senate Bill S4394A (the “NY Amendments”) into law amending New York Labor Law Section 740: Retaliatory Personnel Action by Employers; Prohibition (the “Labor Law”) N.Y.L.L. 740, dramatically expanding the legal protections afforded to whistleblowing employees. The NY Amendments are set…
As general matter the federal Fair Labor Standards Act (the “FLSA”) requires employers to compensate employees for all the time employees have worked no matter where and when the work is done. However, an exception exists called the De Minimis Doctrine which permits employers not to pay employees when employees…