New Jersey’s Appellate Division recently ruled that volunteer firefighters are not protected by New Jersey’s whistleblower law, the Conscientious Employee Protection Act (“CEPA”), because they are not “employees.” For 20 years, Jeffrey Sauter served as a volunteer firefighter for the Township of Colts Neck, Fire Company No. 2. Although he…
A recent Third Circuit opinion, Moody v. Atlantic City Board of Education, reversed a District Court’s order which had dismissed an employee’s sexual harassment and retaliation lawsuit. Michelle Moody worked as a substitute custodian for the Atlantic City Board of Education. She claims the custodial foreman of the New York…
In a recent ruling, the Third Circuit Court of Appeals concluded that an arbitration agreement did not prohibit an exotic dancer from pursuing her overtime and minimum wage claims in court. Alissa Moon worked at the Breathless Men’s Club, which is in Rahway, New Jersey. The Club treated her as…
A recent published decision from the New Jersey’s Appellate Division recognizes that an employee can be entitled to receive unemployment insurance benefits if she resigns from a job to accept a new job but her new employer rescinds her job offer before she begins the new position. Generally, New Jersey’s…
I was quoted in New Jersey Business Magazine’s September 2017 edition in an article about mass layoffs. You can read the article, Handling Business Closings and Layoffs, online. In the article, I discuss the fact that employers often use mass layoffs to hide discrimination or retaliation. Specifically, it is common…
On August 8, 2017, Governor Chris Christie signed into law an amendment to the New Jersey law Against Discrimination (“LAD”) that provides additional protection to members of the United States military. The amendment went into effect immediately. Prior to the amendment, the LAD included “liability for service in the Armed…
On August 3, 2017, New Jersey’s Appellate Division reversed a trial court’s opinion that had dismissed an employee’s pregnancy discrimination case, finding enough evidence from which a jury could conclude that the company’s claim it fired her for insubordination was a pretext for (excuse to cover up) discrimination. Sandra Roopchand…
On July 25, 2017, the United States Court of Appeals for the Third Circuit recognized that New Jersey’s whistleblower law, the Conscientious Employee Protection Act (“CEPA”), prohibits an employer form retaliating against a lawyer because he refused to engage in an activity he reasonably believes violates attorney ethics. Steven Trzaska…
The Third Circuit Court of Appeals recently recognized that a supervisor’s single use of a racial epithet can be enough, on its own, to create a hostile work environment under federal law. This is consistent with longstanding president under both the New Jersey Law Against Discrimination and the New York…
Earlier this week, the New Jersey Supreme Court clarified how to determine whether an employer fired an employee because of a disability in violation of the New Jersey Law Against Discrimination (“LAD”). Maryanne Grande, RN, worked for Saint Clare’s Health System for approximately 10 years. During that time she suffered…