New Rule Will Ban Most Non-Compete Provisions The Federal Trade Commission (“FTC”) has issued a new Rule that soon will ban virtually all non-compete agreements in the United States. Specifically, on April 23, 2024, the FTC issued a new Rule that deems it to be an unfair method of competition…
The United States Supreme Court recently ruled that an employee who brings a lawsuit alleging she was transferred to another position for a discriminatory reason does not have to prove the transfer caused her significant harm. Jatonya Clayborn Muldrow is a police sergeant in the St. Louis Police Department. She…
The New Jersey Law Against Discrimination (“LAD”) can require a condominium association to allow a resident to keep an emotional support dog as an accommodation for a disability even if the dog exceeds the association’s weight limit for pets. K.P. and B.F. live at Players Place II, a condominium complex…
A recent decision by the United States District Court for the District of New Jersey recognizes that an employer filing a lawsuit against an employee because he asserted a discrimination claim against it can be an act of unlawful retaliation in violation of the New Jersey Law Against Discrimination (“LAD”)…
Recently, the District of New Jersey dismissed an employee’s disability discrimination and failure to accommodate disability claims, but did not dismiss her related retaliation claim. Amber Ray worked as a Project Manager/Estimator for Elecnor Hawkeye, LLC. Before she began working for Elecnor, Ms. Ray had been diagnosed with Lupus. However,…
A recent decision from the New Jersey Appellate Division affirms a trial court’s order requiring Gerber Products Company to bring a witness from Switzerland to New Jersey, at Gerber’s expense, to testify at a deposition in a discrimination lawsuit. A deposition is a formal interview under oath used to obtain…
In a recent ruling, New Jersey’s Appellate Division recognized that the same basic legal principles that apply to sexual harassment claims in employment under the New Jersey Law Against Discrimination (“LAD”) also apply to sexual harassment claims involving housing discrimination under the LAD. The LAD is a law that prohibits…
A non-compete agreement is a contract that prevents an employee for working for a competitor for a period of time after his or her employment relationship ends. As a general rule, New Jersey Courts enforce non-compete agreements if the employer has a legitimate interest to protect such as confidential information…
Included on BERGEN Magazine’s 2023 Top Lawyers List Jonathan I. Nirenberg is honored to have been selected by BERGEN magazine to be included on its 2023 list of Bergen County’s Top Lawyers, in the category Labor & Employment law. The entire list is included in the November 2023 edition of…
A new decision from New Jersey’s Appellate Division recognizes that an employer can be liable for retaliating against an employee who filed an anonymous whistleblower complaint if the evidence supports the inference that it could have realized she was the one who filed the complaint. For 14 years, Carol Smith…