A Capehart Scatchard Blog

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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Is Your Employee’s Waiver of a Statutory or Constitutional Right Enforceable?

By on March 23, 2017 in Employee Rights with 0 Comments

In the Winter of 2016, the New Jersey Appellate Division made a significant change to employment law in New Jersey when the Court held that without a clear and unambiguous waiver of the right to sue, an employee cannot be forced to arbitrate employment claims (meaning that generally, arbitration agreements found in employee handbooks cannot […]

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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 […]

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Legal Alert: Jury Reminds Employers that Age Discrimination is No Joking Matter

By on January 31, 2017 in Discrimination with 0 Comments

On January 26, 2017, after analyzing four days of trial testimony, a jury in the Federal District Court of New Jersey issued a verdict that Lockheed Martin (“Lockheed”) must pay $51.5 million to a Plaintiff in an age discrimination lawsuit. The lawsuit, alleging violations of the Age Discrimination in Employment Act (“ADEA”) and the New […]

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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 […]

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