Author: Scott I. Unger

Failure to Train, Discipline, or Supervise Employee Could Lead to A Negligence in Supervision Claim

By Scott I. Unger on January 26th, 2024

Posted in Employment Law

In a previous blog post, I wrote about the elements of a negligence hiring claim and made recommendations how to avoid liability for your business. A negligence in supervision/retention claim has certain similarities to the negligence hiring cause of action. Negligence hiring, supervision, training, and retention claims are not based… Continue reading

Understanding and Preventing Workplace Discrimination Liability in New Jersey

By Scott I. Unger on January 8th, 2024

Posted in Employment Law

Employment Plaintiff attorneys often include an “aiding and abetting” claim against the “deep pocket” employer when they sue for employment discrimination under the New Jersey Law Against Discrimination. This blog will focus on two issues: the legal elements of an aiding and abetting claim and what steps employers should take… Continue reading

Recent NJ Appellate Division Ruling Offers Guidance on Sexual Harassment of Non-Employees

By Scott I. Unger on January 5th, 2024

Posted in Employment Law, Litigation

The New Jersey Appellate Division issued a decision which sheds light on the issue of whether an employee’s sexual harassment of a third-party (non-employee) could subject the employer to liability under the New Jersey Law Against Discrimination. This was the first instance where a New Jersey Court considered the “issue… Continue reading

Employer Responsibilities: Addressing Inappropriate Text Messages and Protecting Against Sexual Harassment Claims

By Scott I. Unger on December 20th, 2023

Posted in Employment Law

Employers have a duty to investigate and take appropriate remedial action if an employee complains that another employee texted inappropriate pictures or messages, even if those text messages were sent after regular work hours. Both federal and state anti-discrimination laws define sexual harassment as unwelcome sexual advances, requests for sexual… Continue reading

EEOC Takes Action to Address Mental Health Discrimination in the Workplace

By Scott I. Unger on December 4th, 2023

Posted in Employment Law

Employers must take notice that the United States Equal Employment Opportunity Commission (EEOC) is cracking down on companies that discriminate against workers because they have a mental health condition. Mental health conditions, such as major depressive disorder, bipolar disorder, and schizophrenia, substantially limit brain function. The EEOC determined these disorders… Continue reading

The U.S. Equal Employment Opportunity Commission (EEOC) on Aug. 7 Announced a Proposal for Implementing the Pregnancy Workers Fairness Act (PWFA)

By Scott I. Unger on August 8th, 2023

Posted in Employment Law

The PWFA is a new federal law that went into effect June 27, 2023. It requires private and public employers with at least 15 employees to provide “reasonable accommodations” to worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue… Continue reading

DOL Opinion Letter Clarifies How Employers Are Supposed to Calculate Family and Medical Leave Act When It’s Taken During a Week That Includes a Holiday

By Scott I. Unger on June 5th, 2023

Posted in Employment Law

The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave. FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with… Continue reading

Multiple locations to better serve your needs—

Hamilton, NJ

100 American Metro Boulevard
Hamilton, NJ 08619
Phone: 609.896.9060
Secondary phone: 800.535.3425
Fax: 609.896.0629
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Marlton, NJ

40 Lake Center, 401 NJ-73, Suite 130
Marlton, NJ 08053
Phone: 856.874.4443
Secondary phone: 888.241.7424
Fax: 856.874.0133
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Yardley, PA

777 Township Line Road, Suite 120
Yardley, PA 19067
Phone: 267.907.9600
Fax: 267.907.9659
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New York, NY

5 Pennsylvania Plaza 23rd Floor
New York, NY 10001
Phone: 800.535.3425
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Philadelphia, PA

The Bellevue 200 S Broad St #600
Philadelphia, PA 19102
Phone: 267.907.9600
Secondary phone: 800.535.3425
Fax: 215.564.6245
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Bridgeton, NJ

78 W Broad St
Bridgeton, NJ 08302
Phone: 856.874.4443
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