In a major decision impacting employment law across the nation, the United States Supreme Court ruled in E.M.D. Sales, Inc. v. Carrera, that the preponderance-of-the-evidence standard governs the employer’s burden of proving an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act…
In a recent unpublished decision, the New Jersey Superior Court, Appellate Division, addressed a Conscientious Employee Protection Act (CEPA) claim involving allegations of a retaliatory failure to promote within a police department. The case revolved around whether an employee of the Haddonfield Police Department, Michael Caruso, was denied a promotion…
The New Jersey Division on Civil Rights recently modified its proposed regulation regarding disparate impact claims based on a comment that I submitted earlier this year. On June 3, 2024 the DCR initially proposed the new regulation to addresses disparate impact claims under the New Jersey Law Against Discrimination (“LAD”). …
Rabner Baumgart Ben-Asher & Nirenberg, P.C. is pleased to announce that two of our employment lawyers, Jonathan I. Nirenberg and David H. Ben-Asher, have been selected to BERGEN Magazine’s 2024 list of Bergen County’s Top Lawyers. Jonathan and David were each selected in the category of Labor & Employment law.…
In a recent unpublished opinion, New Jersey’s Appellate Division found a teacher’s objection that his school did not sufficiently discipline a student for threatening to shoot another student could be protected from retaliation by the Conscientious Employee Protection Act (“CEPA”). CEPA is a broad New Jersey whistleblower law that prohibits…
In a recent unpublished decision, New Jersey’s Appellate Division make it clear that an employee does not have to have a severe or permanent impairment to have a viable disability discrimination to be protected by the New Jersey Law Against Discrimination (“LAD”). The case was filed by Bart Algozzini, who…
When you settle an employment law case, typically most or all of the money you receive will be taxable. Nonetheless, it is both common and important to discuss the tax allocation as part of the settlement negotiation, including what portion will be reported on an IRS form W-2, and what…
The New Jersey Wage Payment Law (“WPL”) is an important employment law that requires employers to pay employees their wages on time. Since August 2019, the WPL has entitled employees whose employers fail to pay them on time to recover not only their unpaid wages, but also up to 200%…
A recent unpublished opinion from New Jersey’s Appellate Division overturned a trial court decision dismissing his whistleblower claim under the Conscientious Employee Protection Act (“CEPA”). The case serves as a reminder that close timing between a legally-protected activity and an adverse employment action can be powerful evidence to support a…
Today, the New Jersey Supreme Court ruled that the New Jersey Law Against Discrimination (“LAD”) prohibits non-disparagement agreements that have the impact of preventing an employee from discussing the facts of their discrimination, harassment or retaliation claim. Non-disparagement clauses are very common in settlement agreements in employment law cases. Typically,…