From the standpoint of employees, random drug testing policies can be invasive, offensive, and a violation of their right to privacy. For example, drug testing can reveal information about an employee’s medical condition or prescribed medication, even when the employer has no legitimate right to that information. In contrast, from…
New Jersey Employment Lawyer Blog
President Signs Law Expanding Scope of Americans With Disabilities Act
Today, President George W. Bush signed the ADA Amendments Act of 2008 into law. As previously discussed, the Act restores the original intent of the Americans with Disabilities Act of 1990 (the ADA), and is intended to increase protection for disabled employees from discrimination. Among other things, it substantially expands…
Senate Passes Amendment to Restore Americans With Disabilities Act to Protect Disabled Employees From Discrimination
On September 11, 2008, the Senate unanimously voted in favor of the ADA Amendments Act of 2008. If it were to become law, the Act would “restore the intent and protections of the Americans with Disabilities Act of 1990” (the ADA) by protecting many more disabled individuals from discrimination. The…
Employee Does Not Always Have to Request Accommodation to Trigger Interactive Process
Employers must Offer Reasonable AccommodationsIf it Is Obvious Disabled Employee Needs One An employer is required to provide a reasonable accommodation for a disabled employee if it is obvious the employee needs a reasonable accommodation to perform the essential functions of his or her job, even if the employee never…
Employee Rights Laws Part 4: Overview of New York Employment Law Statutes
Employee Rights LawsPart 4: Overview of New York Employment Law Statutes In most states, including New York, unless you have a written employment contract, are a member of a labor union, or are a civil service employee, you are probably an employee at will. Employment at will is the general…
Employee Rights Laws Part 3: Overview of New Jersey Employment Law Statutes
Employee Rights Laws Part 3: Overview of New Jersey Employment Law Statutes In most states, unless you have a written employment contract, are a member of a labor union, or are a civil service employee, you are probably an employee at will. Employment at will is the general principal that…
Employee Rights Laws Part 2: Overview of Other Federal “Wrongful Termination” Employment Laws
Employee Rights Laws Part 2: Overview of Other Federal “Wrongful Termination” Employment Laws In most states, including New York and New Jersey, unless you have a written employment contract, are a member of a labor union, or are a civil service employee, you are probably an employee at will. Employment…
Employee Rights Laws Part 1: Overview of Federal Anti-Discrimination Employment Laws
Employee Rights Laws Part 1: Overview of Federal Anti-Discrimination Employment Laws In most states, including New York and New Jersey, unless you have a written employment contract, are a member of a labor union, or are a civil service employee, you are probably an employee at will. Employment at will…
Why You Might Need an Employment Lawyer
Reasons Why it Might Be a Good Idea to Consult with an Experienced Law Attorney Many people realize they might need an employment law attorney if they have been fired, to find out if they have a “wrongful discharge” case or another legal claim. While that is certainly a good…
United States Supreme Court Makes it Easier to Prove Age Discrimination
Supreme Court Rules Employer Has Burden to Prove Adverse Employment Action Based on Reasonable Factors Other Than Age The Age Discrimination in Employment Act of 1967, 29 U.S.C. 621, et seq. (“ADEA”), is a federal law that prohibits discrimination in employment because of age. On June 19, 2008, the United…