Last month, the United States Supreme Court made it easier for employees to prove a claim that their employer failed to accommodate an employee’s religious beliefs under Title VII of the Civil Rights Act of 1964. Gerald Groff worked for the United States Postal Service (“USPS”). Mr. Groff is an…
A recent decision by the Appellate Division recognizes that, under the right circumstance, an employee can establish an employment discrimination claim under the New Jersey Law Against Discrimination (“LAD”) after her employer was acquired by another company, even though she did not apply for a job with the acquiring business.…
Beginning on April 11, 2023, an important new employment law will go into effect pursuant to which many employees who lose their jobs in New Jersey will be legally entitled to receive severance pay. Specifically, covered employees will be entitled to at least one week of severance per year they…
Last week, the United States Supreme Court ruled that, no matter how much an employee earns per year, the primary exemptions to federal overtime pay requirement do not apply unless the employee is guaranteed to receive at least $455 per week for any week in which he or she performed…
A decision from New Jersey’s Appellate Division recognizes that New Jersey’s whistleblower law, the Conscientious Employee Protection Act (“CEPA”), can apply to employees who work in other states. Stephanie Halliday worked for Bioreference Laboratories, Inc., a company that provides diagnostic testing and related services. Bioreference’s headquarters is in Elmwood Park,…
We Have Moved to Bergen County Rabner Baumgart Ben-Asher & Nirenberg is pleased to announce the opening of our new modern office in Bergen County, New Jersey. Effective immediately, we have moved to our beautiful new home: Bergen County Main Office 135 Chestnut Ridge Road, Suite 230 Montvale, New Jersey…
A recent decision by the Third Circuit Court of Appeals allows an employee to proceed with his retaliation claim based on evidence suggesting his employer’s decision to search his cellphone was an excuse to try to find support to fire him in retaliation for asserting claims under Title VII of…
A new ruling from the Appellate Division addresses when an employer can be liable for unlawful harassment by one of its employees toward a customer or patron. The case was brought by Darien Cooper, who is gay. Mr. Cooper received a massage at Rogo Brothers, Inc., which does business under…
A recent decision by the District of New Jersey allows an employee’s reverse race discrimination claim to proceed to a trial. Shannon Phillips worked for Starbucks Corporation for 13 years, most recently as a Regional Director of Operations. In April 2018, a Caucasian store manager within Ms. Phillips’ district called…
Yesterday, the New Jersey Supreme Court clarified the “ABC test” used to determine if a worker is an employee or an independent contractor. Specifically, it made it clear that just because someone works through their business is not enough to make them an independent contractor. The case began with a…