Articles Tagged with employee rights

Earlier this week, the New Jersey Supreme Court clarified how to determine whether an employer fired an employee because of a disability in violation of the New Jersey Law Against Discrimination (“LAD”).

Nurse wins appeal in disability discrimination caseMaryanne Grande, RN, worked for Saint Clare’s Health System for approximately 10 years.  During that time she suffered four separate work-related injuries that required her to take significant time off and led to additional periods during which she only could work light duty.

In February 2010, while moving an obese patient from a stretcher to a bed, Ms. Grande had to grab the patient to prevent him from falling.  She injured her cervical spine and needed surgery which required over four months of recovery and rehabilitation.  When she finally returned to work she had to work light duty for several weeks.

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.

Employer's Mistaken Belief Defeats FMLA Retaliation ClaimFrederick Capps worked as a mixer for Mondelez Global, LLC.  Mr. Capps suffers from Avascular Necrosis, a condition involving a “loss of blood flow, severely limiting oxygen and nutrient delivery to the bone and tissues, essentially  suffocating and causing death of those cells.”  As a result, Mr. Capps has arthritis in both hips and had double hip replacement surgery in 2004.  He also periodically experiences severe pain that can last for weeks.  Accordingly, he requested and Mondelez granted him an intermittent FMLA leave, meaning he could take time off when it was medically necessary.

On February 14, 2013, while he was on an FMLA leave, Mr. Capps went to a local pub for dinner and drinks.  On his way home, he was arrested for drunk driving.  He was released from jail the next morning, Friday, February 15, and took that day off as FMLA leave.  He returned to work on Monday, February 18.

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.

Camden County Correctional FacilityLinda Tisby began working for the Camden County Correctional Facility (“Camden”) in 2002.  In 2015, she began practicing the Sunni Muslim faith.  In May 2015, she came to work wearing a Muslim khimar, which is a tight fitting head covering, but without a veil.  However, Camden has a policy regarding uniforms which prohibits employees from wearing any hats other than the ones issued by their departments.  Accordingly, Ms. Tisby’s supervisor told her she was violating Camden’s uniform policy, and could not work unless she removed her khimar.  When Ms. Tisby refused, her supervisor sent her home.  After this happened three more times, Camden suspended her for two days.

Camden then told Ms. Tisby that it considered her to have requested an accommodation for her religious belief pursuant to the LAD.  But while the employer recognized Ms. Tisby had a sincerely held religious belief, it denied her request on the basis that it would “constitute an undue hardship to the Department to allow an officer to wear head-coverings or other non-uniform clothing.”  Since Ms. Tisby refused to work without wearing her khimar, Camden fired her.

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.

New Jersey employees entitled to paid family leavesThe New Jersey Paid Family Leave Act, which was passed in 2009, permits eligible employees to take up to 6 weeks of paid family leave per year.  Employees who take family leave receive up to two-thirds of their compensation, with a maximum benefit of $615 per week.

Assemblyman Gusciora is seeking to add protection against retaliation for employees who take time off under the Paid Family Leave Act.  Although there are many other statutes that protect employees against retaliation under certain circumstances, currently there is no such protection in the Act.

Minimum wage increases in NJ and NYStarting 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 living increases in future years.

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