As this blog previously informed, back on April 24, 2018, New Jersey Governor Phil Murphy signed into law the Diane B. Allen Equal Pay Act (the EPA). The EPA prohibits an employer from paying an employee who is deemed a member of a class protected under New Jersey’s Law Against…
New Jersey Employment Attorneys Blog
NEW JERSEY COURT FINDS PREGNANT WORKERS ARE ENTITLED TO TEMPORARY LIGHT-DUTY ASSIGNMENTS AS A FORM OF REASONABLE ACCOMMODATION
In 2014, the New Jersey Pregnant Workers’ Fairness Act (“NJPWFA”) was signed into law to strengthen protections afforded pregnant employees. Under the NJPWFA, employers must provide pregnant workers reasonable accommodations that would allow them to continue working in their positions. The NJPWFA forbids employers from treating pregnant workers in a…
REFUSING TO TAKE A MANDATORY FLU SHOT MAY COST A NEW JERSEY HEALTHCARE WORKER THEIR JOB
Winter brings the onset of flu season. According to the Centers for Disease Control (CDC), the flu, short for influenza, is a contagious respiratory illness that effects on average 8% of the population every flu season, or between 9.2 million and 35.6 million flu-related illnesses each year in the United…
TO TRIGGER THE PROTECTIONS OF THE FAMILY MEDICAL LEAVE ACT AN EMPLOYEE NEED ONLY INFORM AN EMPLOYER THAT THEY ARE SUFFERING FROM A SERIOUS MEDICAL CONDITION
The Family and Medical Leave Act (“FMLA”) allows eligible employees to take up to twelve (12) workweeks of leave in any twelve-month period if a “serious health condition . . . makes the employee unable to perform the functions of the position of such employee.” 29 U.S.C. § 2612(a)(1)(D). Therefore, it is unlawful for any employer to interfere with, restrain,…
NEGATIVE PERFORMANCE REVIEWS ALONE MAY BE ENOUGH TO CONSTITUTE ADVERSE EMPLOYMENT UNDER NEW JERSEY’S WHISTLEBLOWING LAW.
New Jersey’s whistleblowing law is known as the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 et seq. (“CEPA”). To prove a CEPA case, an employee must show that because they disclosed, objected, and/or or refused to participate in activities engaged in by their employer or their coworker(s) that they reasonably believed…
NEW JERSEY STATE SENATE PROPOSES BILL TO EXPAND THE DEFINITION OF WHO QUALIFIES AS AN EMPLOYEE
In New Jersey, the difference between being classified by an employer as an employee as opposed to being classified as an independent contractor can make a world of difference regarding the scope of a person’s legal rights. Unlike independent contractors whose rights are established by mutually agreed terms contained in…
NEW JERSEY LEGISLATORS PROPOSE BILL TO ESTABLISH AN OFFICE OF LABOR LAW ENFORCEMENT
America takes pride in its history of being a beacon for the labor class. Throughout its history, America has attracted waves of immigrants believing they could start a better and more prosperous life working in a thriving economy. Many of America’s greatest success stories began as a result of people…
NEW JERSEY DOES NOT PERMIT DISCRIMINATORY HAIR-GROOMING POLICIES AND PRACTICES IN WORKPLACE
Employer dress codes aimed toward the legitimate business interests of professionalism, safety, hygiene and neatness are legal. However, natural hair or hairstyles associated with African Americans, such as dreadlocks, have been historically stereotyped and perceived as unprofessional against Euro-centric standards of beauty. A simple google search of “unprofessional hairstyles” reveals…
SLOWLY BUT SURELY THE TIDE IS TURNING AGAINST FORCED ARBITRATION
If you are a frequent reader of this blog, you may know we have written several times in the past about the scourge of forced arbitration. Forced arbitration prevents workers from being able to sue their employers in court for violating wage and hour, discrimination, whistleblower and other employment laws.…
THE THIRD CIRCUIT MAKES CLEAR THAT BEFORE PROVIDING AN ACCOMMODATION FOR AN EMPLOYEE’S DISABILITY, AN EMPLOYER MUST ENGAGE THE EMPLOYEE IN A GOOD FAITH INTERACTIVE PROCESS TO IDENTIFY AVAILABLE REASONABLE ACCOMMODATIONS
The Americans with Disabilities Act of 1990 (“ADA”) protects physically and mentally disabled employees from discrimination. Under the ADA, employers who fail to provide reasonable accommodations to people with disabilities may be found liable for discrimination. See Colwell v. Rite Aid Corp., 602 F.3d 495, 504-05 (3d Cir. 2010). As a…