Rabner Baumgart Ben-Asher & Nirenberg, P.C. is pleased to announce that four of our employment lawyers once again have been selected to be included on the New Jersey Super Lawyers list in 2017. Specifically, Elliot M. Baumgart (Alternative Dispute Resolution), David H. Ben-Asher (Employment & Labor Attorney) and Jonathan I.…
A recent employment discrimination case makes it clear that the primary factor to determine who is an “employer” under the New York State Human Rights Law (“NYSHRL”) law is whether the party has the power to control how the worker conducts his or her job. The case was decided in…
New Jersey’s Appellate Division recently ruled that federal labor law does not preempt an employee’s disability discrimination claim under the New Jersey Law Against Discrimination (“LAD”) or retaliation claim under the Workers’ Compensation Law (“WCL”). Federal labor law preempts state law claims that require an interpretation of a collective bargaining…
In a recent unpublished opinion, New Jersey’s Appellate Division ruled that a jury should have the opportunity to decide whether the Jersey City Police Department harassed an individual, Mr. Holmes, because he is transgender, in violation of the New Jersey Law Against Discrimination (“LAD”). Mr. Holmes was arrested by members…
On May 4, 2017, New York City Mayor Bill DeBlasio signed into law an amendment to the New York City Human Rights Law (“NYCHRL”). Under this new law, which is intended to reduce pay discrimination, New York City employers cannot ask or say anything to job applicants or the applicant’s…
The Third Circuit Court of Appeals recently ruled that the mixed-motive proof pattern can apply to cases under the Family & Medical Leave Act (“FMLA”) even if there is no direct evidence of retaliation. Under that proof pattern, the employer has the ultimate burden to prove it did not engage…
On May 15, 2017, a new law will go into effect in New York City to protect “freelance workers,” which is broadly defined to include all independent contractors other than sales representatives (who already are protected by another NYC law), lawyers and doctors. The Freelance Workers Protection Law will apply…
A recent ruling from the District of New Jersey holds that an employer can violate the New Jersey Family Leave Act (“NJFLA”) by firing an employee for submitting a deficient medical certification to support her need for a family leave without giving her an opportunity to correct the deficiency. Mary…
Earlier this month, in a precedent-setting opinion, New Jersey’s Appellate Division ruled that the unemployment insurance benefits a former employee receives after being fired do not reduce the amount of lost wages the employee can recover in an employment discrimination lawsuit. Rex Fornaro worked as a flight instructor for Flightsafety…
Last October, I discussed a case in which the District of New Jersey issued an injunction which enforced ADP, LLC’s non-compete agreement with two of its former employees. Earlier this month, the Third Circuit Court of Appeals affirmed that ruling. Non-Compete Agreement in Online FormTerms Agreement ConceptADP claims that Jordan…