A Capehart Scatchard Blog

Termination for Failure to Receive a Flu Shot – Is this Religious Discrimination?

By on November 28, 2016 in Discrimination with 0 Comments

Now that Thanksgiving is over, flu season is in full swing.  Although it would not occur to most employers that requiring employees to receive a flu shot would cause legal problems, recent cases from Pennsylvania show that such a requirement may be problematic. In September 2016, the U.S. Equal Employment opportunity Commission (“EEOC”) filed suit […]

Share

Continue Reading »

Beware of Carelessly Drafted Employee Arbitration Agreements

By on October 26, 2016 in Arbitration with 0 Comments

Many employers today utilize employee arbitration agreements as a means of eliminating potential court litigation. In place of pursuing legal claims in a judicial forum, the arbitration agreement substitutes a private resolution mechanism, such as utilization of an arbitrator, to resolve employee legal grievances. Arbitration agreements are an effective way of keeping employee disputes outside […]

Share

Continue Reading »

Workplace Disputes Do Not Necessarily Lead to a Conscientious Employee Protection Act Claim

By on September 21, 2016 in Policy with 0 Comments

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 […]

Share

Continue Reading »

OSHA’s New Regulations and Its Restrictions on Post Accident Drug Testing

By on August 16, 2016 in OSHA with 0 Comments

Does your organization require employees to undergo drug and alcohol testing automatically in every instance where there has been a workplace accident?  If so, new regulations from the Occupational Safety and Health Administration (“OSHA”) will greatly impact upon the continuation of such practices in your workplace. In May, 2016, OSHA published regulations that ostensibly are […]

Share

Continue Reading »

Do Co-Workers’ Discourteous Attitudes Establish FMLA Retaliation?

By on July 21, 2016 in FMLA with 0 Comments

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 […]

Share

Continue Reading »

OSHA and Its Increasing Focus on Workplace Violence

By on July 19, 2016 in OSHA with 0 Comments

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 […]

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 »

Can an Employee Agree to a Shorter Statute of Limitations for Claims under the New Jersey Law Against Discrimination?

By on June 26, 2016 in Discrimination with 0 Comments

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 […]

Share

Continue Reading »

Legal Alert: Equal Employment Opportunity Commission’s Final Rule Amending the Americans with Disabilities Act Regulations

By on June 14, 2016 in Uncategorized with 0 Comments

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 […]

Share

Continue Reading »

Legal Alert: Department of Labor Issues Final Rule Updating Overtime Regulations

By on May 20, 2016 in Uncategorized with 0 Comments

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 […]

Share

Continue Reading »

Top