Policy
Flex Time or Paid Break Time?
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 […]
CEPA Found Not to Apply to Volunteer Firefighter
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, […]
A Lesson From France
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 […]
Court Holds that Woman Diagnosed with Cancer Has Not Established that She is Disabled under the ADA
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., […]
New Federal Overtime Rule On Hold: “What Do We Do Now?”
New employee overtime rules slated to take effect on December 1, 2016, have been placed on a nationwide temporary “hold” pending a final Court hearing on the matter. The new Fair Labor Standards Act regulation, which would have doubled the minimum salary threshold for those not eligible for overtime pay, has been delayed by a […]
Workplace Disputes Do Not Necessarily Lead to a Conscientious Employee Protection Act Claim
Employers will be relieved to hear that the New Jersey Appellate Division recently handed down a pro-employer decision regarding the Conscientious Employee Protection Act (“CEPA”). The case of Ortiz v. Penske Truck Leasing, No. A-3742-14T3 (App. Div. September 13, 2016) re-emphasizes the legal principle that in order for an employee to prevail regarding a CEPA […]
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