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Articles Posted in Labor and Employment

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Harassment and Anti-Discrimination Policies

New Jersey protects employees from discrimination and harassment in employment when the discrimination or harassment is based upon a protected type or classification of person. For instance the following classes are protected by New Jersey’s Law Against Discrimination: age, race, creed/religion, color, national origin (your family’s country of birth), nationality…

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New Jersey Employers Must Take Discrimination Complaints Seriously or Face Significant Consequences

New Jersey employers should be wary to take all allegations of retaliation or discrimination seriously or face significant consequences. New Jersey employment law provides some of the strongest protections in the nation for employees. In New Jersey employees are protected against discrimination and whistle-blowing retaliation. New Jersey’s Law Against Discrimination…

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Standards for Proving Age Discrimination Can Be Difficult to Navigate

Federal employment law, in the Age Discrimination in Employment Act (the “ADEA”),prohibits employers from firing, refusing to hire, or discriminating in compensation, terms, conditions, or privileges of employment because of a person’s age. Case law has evolved over time regarding the extent to which age needs to influence employer decisions…

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Defining Severe Misconduct when Denying Unemployment Benefits

In 2010, the New Jersey State Legislature and Governor Chris Christie revised New Jersey’s Unemployment Compensation Law to combat the significant increase in funds needed to pay unemployment benefits as a result of the rise in the unemployment rate in New Jersey. To achieve this problem of fast-depleting funds for…

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New Jersey’s Law Against Discrimination: Discrimination Not Always Required

New Jersey’s Law Against Discrimination (“LAD”) protects employees from wrongful termination or other acts based on their race, nationality, ethnicity, gender, age, or other protected characteristic. The LAD is a remedial statute, meaning that the legislature enacted the law not only as a preventative measure, but as a direct response…

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Litigation Implications of Social Media

The impact of social media continues to grow in litigation. Social media is becoming increasingly more popular in society. Social media is important for companies to utilize for advertising and marketing to allow businesses to stay competitive. Various sites like Facebook, Google Plus, Twitter, Instagram, Flicker, LinkedIn, YouTube and the…

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Individual Liability for Violations of the Conscientious Employee Protection Act

New Jersey’s Conscientious Employee Protection Act (“CEPA”) is one of New Jersey’s employment protection laws. The Act, enacted in 1986, is often referred to as the “whistleblower law.” In fact, it is one of the most liberally interpreted and expansive whistleblower laws in the country. It protects employees from being…

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An Employee Should Choose His Court Well or He Might be Shut Out From Any At All

New Jersey has several “tracks” for a government employee who is in civil service to fight when he believes he was wrongfully fired. The first, is in the Civil Service Commission, which can order reinstatement and back-pay. However, this process goes through the Office of Administrative Law and does not…

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Due Process and “Stigma” Under the New Jersey Civil Rights Act

The Appellate Division recently issued an important decision on “stigma” due process claims under New Jersey’s Civil Rights Act. The case involved a gym teacher in the Newark Public School system. He did not have tenure. Several accusations were made against the teacher, the first that he had disciplined students…

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New Jersey Employee Handbooks

Businesses, regardless of size, can benefit from an employee handbook. Similarly, an employee handbook can provide benefits to people working in New Jersey. Generally, an employee handbook (also an employee manual) is a written record of a company’s policies and procedures. A well written employee handbook can provide clear guidelines…

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