Do Co-Workers’ Discourteous Attitudes Establish FMLA Retaliation?
The Family Medical Leave Act (“FMLA”) is one of the laws about which employment lawyers get the most questions. The FMLA can be complicated to apply to factual situations and employers are justifiably concerned that if they take disciplinary action against an employee after he/she returns from FMLA leave, even if the discipline is based […]
OSHA and Its Increasing Focus on Workplace Violence
New Jersey employers are required to conform to safety and health standards issued by the Occupational Safety and Health Administration (“OSHA”) of the U.S. Department of Labor. They are also required to comply with the so-called “General Duty Clause”, which is found at §5(a) (1) of the OSH Act (“the Act”). The crux of the […]
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 […]
Can an Employee Agree to a Shorter Statute of Limitations for Claims under the New Jersey Law Against Discrimination?
What if an employer chooses to require its employees to sign an agreement, which states that if the employee wants to sue the employer he/she must agree to abide by a shorter statute of limitations period than is established by law? Would that agreement be enforceable? This was precisely the question that the New Jersey […]
Legal Alert: Equal Employment Opportunity Commission’s Final Rule Amending the Americans with Disabilities Act Regulations
On May 17, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued its final rule amending the regulations implementing Title I of Americans with Disabilities Act (“ADA”) as they relate to employer wellness programs. In the section below you will find key information as to how the final rule applies to your workplace and the implementation […]
Legal Alert: Department of Labor Issues Final Rule Updating Overtime Regulations
On May 18, 2016, the Department of Labor’s Final Rule updating the overtime regulations was published. The key changes to the overtime regulations set forth in the Final Rule are explained below: Under the Fair Labor Standards Act (“FLSA”), employees who are employed in a bona fide executive, administrative or professional capacity are exempt from […]
Court Finds that Complaint to Supervisor about Overtime is Considered Protected Conduct under the Fair Labor Standards Act
The Fair Labor Standards Act (“FLSA”) is the federal wage and hour law and due to its complexity, employers often have questions as to what protections this law provides to employees in the workplace. In Childs v. Universal Cos.,no. 15-3507, 2016 U.S. Dist. Lexis 53929 (E.D.Pa April 22, 2016), a recent case from the United […]
Chipotle in Trouble Again: Can I Tell My Employee to Delete His Posts on Social Media?
The Facts James Kennedy was a crew member at the Havertown, Pennsylvania Chipotle restaurant. On January 28, 2015, Kennedy posted two tweets regarding working conditions of Chipotle employees. One of the tweets included a news article about hourly employees being required to work on snow days, when other workers were allowed the day off. The […]
Gender Pay Equality: Prepare for Change
Coauthored by Carmen Saginario, Jr., Esq. and Bruce L. Harrison, Esq. Recent actions at both the federal and state level demonstrate an increased political urgency about addressing perceived gender pay inequality. This development was highlighted on January 29, 2016 when the EEOC announced a proposal that the EEO-1 form, completed and filed annually by firms […]
Access to Personnel Files in Pennsylvania and New Jersey
You have just terminated your most problematic and least productive employee. The employee leaves the premises immediately after his termination but then returns a few hours later with a request. He wants to review his personnel file. As an employer that terminated this employee just a few short hours ago, are you required by law […]
Connect With Us