A recent ruling by the Second Circuit Court of Appeals in a sexual harassment retaliation case holds that an employer can be liable if it negligently fires an employee due to the discriminatory or retaliatory animus of an employee who was not a supervisor. Andrea Vasquez worked for Empress Ambulance…
A recent ruling from the United Stated Third Circuit Court of Appeals in a wage and hour lawsuit holds that an employer cannot use the fact that it voluntarily paid its employees during their lunch to offset periods when employees worked but were not paid. The Third Circuit is the…
A potential amendment to the New Jersey Law Against Discrimination (“LAD”) would make it illegal for employers to ask prospective employees about their wage and salary history before hiring them. The LAD is an anti-discrimination law that protects New Jersey employees from discrimination, harassment and related retaliation. Introduced last month…
In a recent ruling in a non-compete agreement case, United Stated District Judge William J. Martini declined to lift an injunction prohibiting two former employees of ADP from soliciting the company’s clients on behalf of a competitor. Notably, however, the judge did not prohibit the employees from working for the…
A New Jersey court recently ruled that a jury must determine whether an employer committed disability discrimination in violation of the New Jersey Law Against Discrimination (“LAD”) by firing an employee for making a mistake on a day on which he had asked to be on a medical leave. Matthew…
Yesterday, in an employment discrimination case, the New Jersey Supreme Court dramatically limited the right of courts to reduce the amount of a jury’s emotional distress damages award, ruling that courts can only do so in unusual cases. The case was filed by two brothers, Ramon and Jeffrey Cuevas. The…
The New Jersey Law Against Discrimination (“LAD”) prohibits employers from retaliating against employees who object to harassment in the workplace. A recent case recognizes that the LAD also protects employees who object to sexual harassment committed by a customer. Nicole Prager was a receptionist for Joyce Honda. One day, a…
In an important employment law decision, last month the New Jersey Supreme Court ruled that an employee can pursue a retaliation claim under New Jersey’s Conscientious Employee Protection Act (“CEPA”) even though his alleged whistleblowing activity has some relationship to his rights under the collective bargaining agreement (“CBA”) between his…
As I have said before, it is a widely view that individuals are much better off having their employment law disputes resolved in court rather than in arbitration. Fortunately, a recent decision by the New Jersey Appellate Division helps make it more difficult for employers to force employment law cases…
Last month, New Jersey’s Appellate Division reversed a trial court’s ruling that had dismissed an employee’s age and disability discrimination case. Spencer Robinson worked for Armadillo Automation, Inc., also known as Onyx Valve Co., in its assembly department. When Onyx hired Mr. Robinson, he was 60 years old. According to…