Employment Law

The United States Equal Employment Opportunity Commission (“EEOC”) is cracking down on the discriminatory treatment of transgender employees. Recently, a New York-based pizzeria agreed to pay $25,000 and agreed to other terms to settle a case brought by the EEOC that alleged that the owner of the restaurant and several… Continue reading →

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 →

Effective March 11, 2024, the new independent contractor rule from the United States Department of Labor (DOL) takes effect. This rule change restores an earlier standard that required employers to weigh several factors in determining whether or not they may treat an individual as an employee versus an independent contractor…. Continue reading →

While everyone is undoubtedly aware that an employee is not lawfully permitted to steal from his/her employer, the next logical question concerns what specifically are an employee’s legal obligations during their course of employment. In general, in New Jersey, an employee has a duty in the course of their employment… Continue reading →

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 →

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 →

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 →

So far, 2023 has proven to be a particularly active year in the employment space, with federal government agencies weighing in on a variety of issues. Of note, severance agreements have been a specific target of both the National Labor Relations Board (the “NLRB”) and the Securities and Exchange Commission… Continue reading →