New Jersey Employment Lawyer Blog

New Reinstatement Rights for New Jersey Workers on Disability or Family Leave

June 30, 2026 | by Jonathan I. Nirenberg

New Jersey is about to provide important new protections to workers who need time away from their jobs due to a family or disability leave. Starting on July 17, 2026, an amendment to the state

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temporary disability insurance and family leave insurance laws adds a new entitlement to reinstatement for employees who receive either of those benefits. In plain terms, the laws that pay part of your wages while you recover from a serious illness, welcome a new child, or care for a sick family member will now also address whether your employer is required to give you your job back.

If you collected these benefits and were not returned to your position, a New Jersey employment lawyer can help you understand whether this change applies to your situation. The attorneys at Rabner Baumgart Ben-Asher & Nirenberg, P.C. represent employees throughout New Jersey and follow employment law developments like this one closely.

How New Jersey Temporary Disability and Family Leave Insurance Work

New Jersey runs two state insurance programs that replace part of a worker’s pay during certain absences. Temporary disability insurance, often called TDI (and sometimes referred to as short term disability, or STD), applies when you cannot work because of your own illness, injury, pregnancy, or recovery from childbirth that is not related to your job. Family leave insurance, often called FLI, applies when you take time off to bond with a new child or to care for a family member with a serious health condition. Most employees in the state contribute to these programs through payroll deductions, and most employees can collect benefits when a qualifying need arises. Pregnancy and recovery from childbirth, which fall under temporary disability, often overlap with the workplace protections explained on our pregnancy discrimination page.

Until now, these laws did one thing. They replaced a portion of lost wages, but they said nothing about your job. An employer could pay into the system, watch an employee collect benefits, and still decline to take that employee back at the end of the leave without violating either of these laws. The right to return to work, and the right to be placed in the same or an equivalent position, came from other laws.

What Other Laws Required Reinstatement Before This Change

Before this amendment, the right to be reinstated to your job after a family or disability leave mainly came from two sources: the federal Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA). Both of those laws guarantee job-protected leave, but both limit who qualifies. However, neither the FMLA nor the NJFLA apply to smaller employers, and both have requirements with respect to how long you have worked for your employer and how many hours you have worked for your employer in the past year. You can read more on our family and medical leave page. In addition, even for covered employees, both of those laws provide only a maximum of 12 weeks off from work.

The practical result was a coverage gap. A worker could be fully eligible for state disability or family leave benefits, collect them for weeks, and still fall outside the reinstatement protections of either statute. That worker received income during the absence, but had no guaranteed job to which to return. Lower-wage employees, part-time employees, employees working for smaller businesses, and employees who needed more than 12 weeks off were the most exposed. A worker who was let go rather than reinstated often had to rely on a wrongful termination theory, which you can read about on our wrongful termination page.

NJ Court Clarifies When the CEPA Clock Starts to Run on Termination and Hostile Work Environment Claims

May 19, 2026 | by Jonathan I. Nirenberg

A recent decision from the New Jersey Appellate Division has reinstated the whistleblower retaliation claims of a former Novartis compliance officer who alleged that she was fired aft bigstock-Mature-doctors-and-young-nurse-183843442 er objecting to a series of programs she believed violated federal anti-kickback laws. The trial court had dismissed her case before discovery, ruling that she filed her claims too late under the Conscientious Employee Protection Act, known as CEPA. The Appellate Division reversed and sent the case back for further proceedings.

The decision is important for New Jersey workers because it confirms two practical points about CEPA timing. First, a retaliatory termination claim begins to run on the actual date of discharge, not based on earlier acts of retaliation that may have warned the employee that something was wrong. Second, a hostile work environment claim built on a pattern of smaller retaliatory acts can be timely even if some of the underlying conduct occurred years earlier, as long as at least one act in the pattern occurred within the one-year filing window. At Rabner Baumgart Ben-Asher & Nirenberg, P.C., we represent employees across Bergen County and throughout New Jersey in CEPA matters. These timing rules can make the difference between a viable case and one that is dismissed before it begins.

The Facts

The plaintiff, Cynthia Ham, was hired by Novartis in May 2018 as an Ethics, Risk, and Compliance Advisor. Ms. Ham was an attorney with more than twenty years of compliance experience who was assigned to four internal leadership teams.

New Jersey Supreme Court Rules Undocumented Workers Can Recover Unpaid Wages

April 13, 2026 | by Jonathan I. Nirenberg

The New Jersey Supreme Court recently issued a unanimous decision reinforcing that undocumented workers are entitled to recover unpaid wages for work they already performed. The ruling in Lopez v. Marmic LLC, decided on March 19, 2026, makes clear that an employer cannot avoid paying minimum wage and overtime pay simply because the worker lacks immigration authorization. For employees across New Jersey who have been denied proper compensation, the decision is a significant affirmation that many state wage and hour protections apply regardless of their immigration status.

The Facts

Sergio Lopez was hired in June 2015 as the superintendent of two buildings in Newark owned by Marmic LLC, a realty management company. When Mr. Lopez applied for the position, he provided an invalid Social Security number on a W-4 form. Marmic’s owner, Mike Ruane, initially paid Mr. Lopez $400 per week and provided him a basement apartment for which Mr. Lopez agreed to pay $800 per month.

After two weeks, Mr. Ruane discovered the Social Security number Mr. Lopez provided was invalid. Rather than continue to pay his wages, Mr. Ruane told Mr. Lopez that he could not pay him because doing so would be “against the law.” Instead, Mr. Ruane offered to let Mr. Lopez live in the apartment rent-free in exchange for continuing to perform his duties as the superintendent.

Third Circuit Rejects the Idea of a Heightened “Reverse Discrimination” Burden in Bergen County Employment Case

March 12, 2026 | by Jonathan I. Nirenberg

On March 6, 2026, the U.S. Court of Appeals for the Third Circuit issued an employment discrimination decision involving a Bergen County police department promotion. In Massey v. Borough of Bergenfield, the court ruled that the plaintiff presented enough evidence to take key claims to trial. The decision matters to employees because it reinforces a simple principle: anti-discrimination laws protect any person, and courts should not impose extra hurdles based on whether the worker is viewed as part of a “majority” group. bigstock-Kind-Police-Officers-Smiling-S-349964119

The Facts That Led to the Lawsuit

Christopher Massey is a White male who worked for decades in the Borough of Bergenfield Police Department and rose to Deputy Chief. In early 2019, the then-Chief, Cathy Madalone, was out for medical reasons, and Mr. Massey served as Officer in Charge. When Chief Madalone later announced her retirement, the Borough began the process of selecting a new Chief of Police.

The decision was made by a majority vote of the Bergenfield Borough Council, with the Mayor acting as a tie-breaker if needed. Mr. Massey and another candidate, Mustafa Rabboh, were told they would be interviewed for the Chief position. Mr. Rabboh, described in the record as an Arab or Palestinian man of Muslim faith, held the rank of Captain. The opinion notes allegations about Internal Affairs complaints and discipline involving Mr. Rabboh.

New Jersey Appellate Court Sides with Employees in Recent Case Involving the NJ Earned Sick Leave Law

February 14, 2026 | by Jonathan I. Nirenberg

New Jersey’s Earned Sick Leave Law (ESLL) is supposed to be simple: you earn paid sick time as you work, and you can use it for health needs and certain family and safety-related situations without risking your job. In the real world, some employers try to fit their existing paid time off (PTO) policies into the ESLL without meeting the law’s requirements. A recent preceden bigstock-Sick-man-blowing-his-nose-in-t-71584990 t-setting New Jersey Appellate Division decision is a reminder that courts will look past labels and examine how a PTO policy works in practice to determine whether it complies with the law.

This case is important if you work in New Jersey and your employer tells you that “vacation time covers everything,” refuses to recognize sick leave rights, requires documentation that feels excessive, or makes it difficult to take time off for protected reasons.

Paid Sick Leave Versus a “Vacation Policy”

William Cano and Raymond Bonelli sued their employer, County Concrete, claiming the company violated the ESLL. Among other things, they argued that the company’s “vacation” policy did not satisfy the requirements of the ESLL.

New Jersey Appellate Court Strengthens Your Right to Stay in Court When Sexual Harassment Is Part of the Case

January 15, 2026 | by Jonathan I. Nirenberg

If you have ever signed an employment agreement that says all disputes must go to arbitration, you are not alone. Many New Jersey workers sign these clauses on day one, then learn about them only after something goes wrong at work. A new published decision from the New Jersey Appellate Division makes one point much clearer for employees: when you bring a viable sexual harassment claim, you should be able to keep your entire case in court, and not just the harassment claim. bigstock-Businessman-Sexually-Harassing-266093419

The Takeaway

In McDermott v. Guaranteed Rate, Inc., the Appellate Division held that the federal Ending Forced Arbitration of Sexual Assault and Harassment Act (EFAA), can make a pre-dispute arbitration agreement unenforceable for the whole case, as long as the case includes a viable claim involving sexual harassment or sexual assault. In other words, an employer may not be able to force you to split your claims, with part of your lawsuit in court and the rest in private arbitration, if your case includes a properly pled sexual harassment claim.

This was a matter of first impression in New Jersey, meaning New Jersey appellate courts had not previously issued a published decision on the scope of the EFAA in this context.

Federal Court Lets New Jersey Teacher Age Discrimination Case Move Forward After Transfer Denial

December 21, 2025 | by Jonathan I. Nirenberg

Employees in New Jersey have legal protections against age discrimination, including when you apply for a new role within the same organization. In a recent decision, Campagna v. Washington Township Public Schools, the United States District Court for the District of New Jersey denied the employer’s motion for summary judgment and allowed the case to proceed toward trial. In plain terms, the judge ruled that a jury could reasonably find that age played a role in the decision not to allow the employee to advance to the second round of interviews for the position.

If you are searching for a Bergen County employment lawyer because you believe your employer passed you over due to age, this opinion can help you understand they type of facts that may support your claim. bigstock-Portrait-Of-Athletic-Mature-Ma-336131452

The Background

Guy Campagna worked for the Washington Township Public School District as a physical education teacher. He began with the District in 2006 and served as the sole PE teacher at an elementary school. According to the court’s opinion, he maintained a clean disciplinary history, received positive evaluations, and was recognized as the District’s Teacher of the Year for the 2017 to 2018 academic year.

Federal Court Allows Claims Against Senior Executives to Proceed in New Jersey Discrimination Case

November 21, 2025 | by Jonathan I. Nirenberg

When you report discrimination at work, it can feel like the people at the top of the corporate ladder are untouchable. A recent federal decision from the District of New Jersey, Dominguez v. Novo Nordisk Inc., shows that senior executives can be held accountable when they allow discrimination or retaliation.

For N bigstock-Stressed-Millennial-Woman-List-227492101 ew Jersey employees looking for guidance from a Bergen County employment lawyer, this case reinforces that the New Jersey Law Against Discrimination (NJLAD) does not just apply to conduct by immediate supervisors or the company itself. It also extends to actions by decision-makers who participate in or ignore unlawful conduct.

What Happened in Dominguez v. Novo Nordisk

The plaintiff, Roxann Dominguez, worked for Novo Nordisk as a Regional Account Executive and later as the Director of National Accounts Strategic Planning. Based in Texas, she frequently interacted with the company’s leadership in New Jersey, where much of its operations were centered.

Federal Court Allows Flight Attendant’s Disability and Leave Claims to Proceed Against United Airlines

October 14, 2025 | by Jonathan I. Nirenberg

Employees in New Jersey have strong legal protection against workplace discrimination, retaliation, and interference with medical leaves. A recent decision in Naranjo v. United Airlines, Inc. reinforces those rights, particularly for workers managing chronic health conditions. The federal court’s opinion allows a former flight attendant’s disability discrimination and Family and Medical Leave Act (FMLA) claims to proceed to trial, rejecting the airline’s motion to dismiss the case.

The Background of the Case

Samantha Naranjo worked as a flight attendant for United Airlines from 1999 until the company fired her in June 2022. During her employment, she was diagnosed with Crohn’s disease—a serious, chronic medical condition that can cause severe digestive flareups. To manage her condition, Ms. Naranjo regularly applied for intermittent medical leaves under the FMLA.

In May 2022, Ms. Naranjo called out of work due to her Crohn’s symptoms. A few days later, she tested positive for COVID-19 and followed the company’s policies for pandemic-related absences. However, despite notifying her supervisors and providing documentation, United still gave her an attendance point for her May 13 absence. Under United’s strict attendance policy, employees who accumulate 30 or more “points” face termination.

New Jersey Court Revives Employee’s Hostile Work Environment Claim

September 26, 2025 | by Jonathan I. Nirenberg

Workers in Bergen County and across New Jersey have the right to a workplace free of harassment. A recent decision from the Appellate Division, Burga v. UniFirst Corp., demonstrates that courts will allow sexual harassment claims to move forward when there is evidence of a hostile work environment and inadequate employer response.

bigstock-Sexual-Harassment-At-Workplace-364241905 This case serves as an important reminder that employees who experience sexual harassment and retaliation can challenge the employer’s actions under the New Jersey Law Against Discrimination (LAD).

The Facts of the Case

Daniela Burga began working for UniFirst Corporation in 2019 as a customer service representative. Her role involved managing client accounts and working closely with route service managers. Four of her assigned routes were supervised by Victor Gomez, a UniFirst manager.