On June 5, 2025, the United States Supreme Court issued a unanimous opinion in Ames v. Ohio Department of Youth Services, clarifying the legal standards that apply in workplace “reverse discrimination” cases. The Court held that plaintif fs are not subject to a heightened burden when alleging discrimination simply because…
In many employment discrimination cases, it can be difficult to prove what really motivated a company’s decision to fire, demote, or pass over a qualified worker for a promotion. But sometimes, someone in power simply says the quiet part out loud—and when that happens, the law is clear. That was…
A recent decision from the New Jersey Appellate Division serves as a strong reminder to employers: workers who speak up about unsafe conditions or violations of state regulations cannot be retaliated against. In Hussain v. Allies, Inc., the court revived a former group home manager’s whistleblower and wrongful discharge claims after…
In a landmark decision on March 17, 2025, the New Jersey Supreme Court unanimously ruled in Rosalyn Musker v. Suuchi, Inc. that commissions are unequivocally considered “wages” under the NJ Wage Payment Law (WPL). This ruling strengthens protections for New Jersey employees, ensuring employers cannot evade their obligation to pay…
When your employer denies you a leave to care for a loved one, it can feel like you are being forced to choose between your job and your family. Fortunately, New Jersey law provides strong protections for employees under the New Jersey Family Leave Act (NJFLA). However, as a…
In a major decision impacting employment law across the nation, the United States Supreme Court ruled in E.M.D. Sales, Inc. v. Carrera, that the preponderance-of-the-evidence standard governs the employer’s burden of proving an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act…
In a recent unpublished decision, the New Jersey Superior Court, Appellate Division, addressed a Conscientious Employee Protection Act (CEPA) claim involving allegations of a retaliatory failure to promote within a police department. The case revolved around whether an employee of the Haddonfield Police Department, Michael Caruso, was denied a promotion…
The New Jersey Division on Civil Rights recently modified its proposed regulation regarding disparate impact claims based on a comment that I submitted earlier this year. On June 3, 2024 the DCR initially proposed the new regulation to addresses disparate impact claims under the New Jersey Law Against Discrimination (“LAD”). …
Rabner Baumgart Ben-Asher & Nirenberg, P.C. is pleased to announce that two of our employment lawyers, Jonathan I. Nirenberg and David H. Ben-Asher, have been selected to BERGEN Magazine’s 2024 list of Bergen County’s Top Lawyers. Jonathan and David were each selected in the category of Labor & Employment law.…
In a recent unpublished opinion, New Jersey’s Appellate Division found a teacher’s objection that his school did not sufficiently discipline a student for threatening to shoot another student could be protected from retaliation by the Conscientious Employee Protection Act (“CEPA”). CEPA is a broad New Jersey whistleblower law that prohibits…