A Capehart Scatchard Blog

CEPA Found Not to Apply to Volunteer Firefighter

By on September 19, 2017 in Policy with 0 Comments

As many employers already know, New Jersey has one of the broadest whistleblower protection laws in the United States.  In the past, the Conscientious Employee Protection Act (“CEPA”) has been expansively interpreted to provide wide ranging protections to not only employees who engage in whistleblowing activities but also independent contractors, who while technically not employees, […]

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Legal Alert: New Form I-9

By on August 30, 2017 in Legal Alerts with 0 Comments

Employers– get ready! The deadline as to when the new Form I-9 must be used is quickly approaching.  In case you are not aware, employers are required to use the Form I-9 to verify the identity and employment authorization of people hired for employment in the United States.  In July 2017, the US Citizenship and […]

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Defending Discrimination Claims in Regards to the Hiring Process

By on August 16, 2017 in Discrimination with 0 Comments

Hiring new employees tends to be tricky for employers because there are so many employment laws that must be abided by in regards to the hiring process.   Often applicants who have interviewed for the open position, but are not hired, feel disappointed and rejected. It is always possible that the applicant may claim that he/she […]

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The Importance of Supervisor Training

By on August 2, 2017 in Court Rulings with 0 Comments

Time and time again, employment law attorneys remind their clients of the importance of making sure your supervisors are trained to supervise properly.  Supervisors not only need to be continuously trained in how to properly interact with their subordinates and deal with disciplinary issues, but also on their roles in the application of the company’s […]

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A Lesson From France

By on July 6, 2017 in Policy with 0 Comments

You own a thriving business and supply i-Phones and other computer related technologies to keep your employees connected to your office even after normal business hours. It is Saturday night, and you need an urgent answer to a pressing question. You email one of your low level production managers.  He hears the “bing’ on his […]

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Court Holds that Woman Diagnosed with Cancer Has Not Established that She is Disabled under the ADA

By on June 6, 2017 in Policy with 0 Comments

If an employee came to her employer and advised that she had been diagnosed with cancer, wouldn’t you automatically assume that the employee falls with the definition of “disabled” under the Americans with Disabilities Act (“ADA”) due to the diagnosis alone? Not so fast.  In a recent Third Circuit case, Alston v. Park Pleasant, Inc., […]

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The FMLA and the “Honest Belief” Defense

By on May 24, 2017 in FMLA with 0 Comments

Federal courts have upheld a defense to a Family and Medical Leave Act (“FMLA”) retaliation claim called the “honest belief” defense. The “honest belief” defense means that “where an employer provides evidence that the reason for the adverse employment action taken by the employer was an honest belief that the employee was misusing FMLA leave, […]

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Does My Employee Have to Tell Me He has a Condition Triggering FMLA?

By on May 2, 2017 in FMLA with 0 Comments

The short answer is “NO.”  A recent Federal District Court decision suggests that employers are cautioned to “pay attention to” and ask questions about any mention by an employee of a serious health condition before they make the decision to take any negative employment action (firing, demoting, suspending, etc.) The Result: A Federal Court in […]

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Employment and the Use of Medical Marijuana

By on April 19, 2017 in Court Rulings with 0 Comments

New Jersey’s medical marijuana program went into effect in 2007.  Since that time, more than 11,000 persons have been issued ID cards under The Compassionate Use Medical Marijuana Act (“Act’) permitting them to use medicinal marijuana and to obtain the drug at one of the state’s five (5) marijuana dispensaries. One of the issues that […]

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One Click Can Seal The Deal

By on April 4, 2017 in Court Rulings with 0 Comments

A popular argument that employees make regarding employer/employee agreements is that the employee should not be held to the terms of the agreement because the employee signed the agreement without actually reading the terms.  In a different twist, two employees claimed in a February 2017 case before the Third Circuit Court of Appeals, ADP, LLC […]

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