In a recent published opinion, New Jersey’s Appellate Division reversed a trial court’s rulings that an employee had waived his right to a jury trial under New Jersey’s whistleblower law, the Conscientious Employee Protection Act (“CEPA”). Greg Noren worked as a Relationship Manager for Heartland Payment Systems, Inc. for more…
Last week, the Third Circuit Court of Appeals ruled that an employee cannot establish a retaliation claim under the Family & Medical Leave Act (“FMLA”) if his employer honestly believed he abused his right to take time off under the FMLA. Frederick Capps worked as a mixer for Mondelez Global,…
A recent published opinion from the New Jersey Appellate Division recognizes that although the New Jersey Law Against Discrimination (“LAD”) requires employers to provide reasonable accommodations for employees’ sincerely held religious belief, that requirement does not apply when the accommodation would impose an undue hardship on the employer. Linda Tisby…
According to a recent report in the New Jersey Law Journal, New Jersey State Assemblyman Reed Gusciora is planning to propose legislation to improve paid family leave benefits. The New Jersey Paid Family Leave Act, which was passed in 2009, permits eligible employees to take up to 6 weeks of…
Starting on January 1, 2017, the minimum wage has increased in New York State, New York City and New Jersey. Specifically: New Jersey The minimum wage has increased from $8.38 to $8.44 per hour as a cost of living increase. Under New Jersey law, there will be additional cost of…
Earlier this month, the United States District Court for the District of New Jersey permitted an employee to continue with his claim that his employer harassed him because he is disabled, but dismissed his other disability discrimination claims. Francis Gavin worked for Haworth, Inc. in various sales roles. Mr. Gavin…
Last month, the United States Equal Employment Opportunity Commission (“EEOC”) issued a new Enforcement Guidance regarding national origin discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). While the Guidance is not legally binding, it explains the position of the Commissioner of the EEOC. Below is…
Earlier this month, New Jersey’s Appellate Division reversed a trial court’s decision that had dismissed Robert Benning’s disability discrimination lawsuit because the trial court improperly ignored evidence which supported his claim. Mr. Benning is disabled. Specifically, he has cognitive impairment from an episode of cardiac arrest in 1984, which causes…
A recent case from the Third Circuit Court of Appeals reinforces the fact that an employee who objects to something he reasonably believes violates the law does not have to be correct to be protected by New Jersey’s whistleblower law, the Conscientious Employee Protection Act (“CEPA”). Police Officers Anthony Galiazzi,…
Earlier this month, New Jersey’s Appellate Division recognized that New Jersey Law Against Discrimination (“LAD”)’s prohibition against ancestry discrimination does not prevent employers from discriminating against an individual because he is related to another employee. In 2011, John Walsifer applied for one of two vacant positions as a police officer…