A Capehart Scatchard Blog

Court Rulings

NJ Appellate Court Weighs in On Medical Marijuana Use and The Workplace

By on April 10, 2019 in Court Rulings with 0 Comments

Recently, I have been getting more and more questions in my counseling practice regarding what employers must do when an employee or prospective employee advises that he/she is a medical marijuana user. Unfortunately, there is a dearth of legal authority that a lawyer can presently consider in providing advice on this topic.  While New Jersey’s […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

Third Circuit Clarifies Standard for Establishing Age Discrimination Claims

By on February 15, 2017 in Court Rulings with 0 Comments

The Age Discrimination in Employment Act (“ADEA”) is a federal law that prohibits employment discrimination against employees over the age of 40.  One of the lingering questions under the law has been what happens when an employer adopts an employment policy that, while seemingly benefiting a group of employees over 40 years old, also simultaneously […]

Share

Continue Reading »

Is a Job Duty Reassignment Considered an Adverse Employment Action?

By on January 24, 2017 in Court Rulings with 0 Comments

Employers occasionally find themselves in a situation where they must reassign an employee to a different shift or a different duty assignment due to staffing needs or some other legitimate business reason.  Although the reassignment is usually lawful when it can be supported by legitimate business reasons, a disgruntled employee may claim that the reassignment […]

Share

Continue Reading »

Divorcing Employees Deemed Member of Protected Class under the NJLAD

One aspect of the broad anti-discrimination protections afforded to employees under the New Jersey Law Against Discrimination (“NJLAD”) that is often overlooked involves the law’s prohibition on any type of workplace discrimination based upon an employee’s “marital status”.  The NJLAD does not define specifically what “marital status” actually means, but it has generally been understood […]

Share

Continue Reading »

Top