A Capehart Scatchard Blog

How Tax Reform May Impact Sexual Harassment Lawsuits

By on January 10, 2018 in Legislation with 0 Comments

It is no secret that sexual harassment and the prevention of same in the workplace has become an increasingly popular topic. In response, businesses have started to take a closer look at their anti-harassment policies and how they are enforced.  Interestingly, lawmakers have also become focused on this issue and have now included a provision […]

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Does Transferring a “Disabled” Employee to Another Job Violate the N.J. Law Against Discrimination?

By on December 12, 2017 in Discrimination with 0 Comments

Answer: “Not necessarily,” said two Appellate Judges in Brancaccio v. City of Hackensack issued on December 5, 2017. So What was the Claim? Bryan Brancaccio, a full-time firefighter in Hackensack, was originally assigned to work “platoon work” where he responded to scenes of fires wearing fire equipment and performed the tasks necessary to extinguish fires. […]

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Are Transgender Individuals Protected from Discrimination under Title VII?

By on November 27, 2017 in Discrimination with 0 Comments

Title VII is a federal law that prohibits discrimination in the workplace on the basis of certain protected characteristics, including gender. Recently, there has been intense discussion as to whether or not transgender individuals are covered by the gender discrimination prohibition of Title VII.  Although the United States Justice Department has expressed certain views on […]

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Flex Time or Paid Break Time?

By on October 24, 2017 in Policy with 0 Comments

Even if employees are not provided with a lunch break, throughout the course of the workday there are, almost always, short periods of time where an employee is present in the workplace but not performing actual job tasks. Some examples include a walk to the restroom, time spent in the restroom, time spent grabbing a […]

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The Love/Hate Relationship with Social Media

By on October 11, 2017 in Policy with 0 Comments

Employers both love and hate social media.  On the one hand, it is a great tool to help your business succeed.  You can post advertisements and events that very quickly can be seen by hundreds if not thousands of people.  With the help of the public, one great post about how great your product is […]

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Is Your Employee Really a Whistleblower?

By on September 26, 2017 in Employee Rights with 0 Comments

By now, most employers are familiar with New Jersey’s Conscientious Employee Protection Act (CEPA) found at N.J.S.A. 34:19-1 which generally protects employees engaged in “whistleblowing activities” from adverse employment actions such as termination or demotion. However, not every complaint or concern about an employer’s conduct rises to the level of whistleblowing under CEPA.  As a […]

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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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