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Articles Posted in New Jersey Employment Attorneys

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Decision on Objections to Fraud and Criminal Activity of Whistleblowers by New Jersey Supreme Court

Decision on Objections to Fraud and Criminal Activity of Whistleblowers by New Jersey Supreme Court In the recent case of Chiofalo v. State, Division of State Police, the Supreme Court of New Jersey issued an important employment law decision dealing with whistleblower retaliation.   The Conscientious Employee Protection Act —…

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Third Circuit Upholds Jury Verdict Finding Age Discrimination Under New Jersey Law Against Discrimination

New Jersey’s Law Against Discrimination has rightly been called one of the strongest employee protection laws in the nation.  This is true both because of the broad range of inherent characteristics  which it protects from discrimination, and the strong legal protections and remedies it provides.  In short, the Law Against…

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Third Circuit Issues Important Decision on Non-Solicitation and Non-Compete Agreements Under New Jersey Employment Law

  The United States Third Circuit Court of Appeals (which hears appeals from the federal district courts in New Jersey, Delaware, Pennsylvania and the United States Virgin Islands) recently had the opportunity to address the state of New Jersey employment law on restrictive covenants in the case of ADP, LLC…

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Appellate Division of New Jersey’s Superior Court Explains Standard for Evaluating Motions to Dismiss Claims of Age and Disability Discrimination Under the New Jersey Law Against Discrimination

Background: The Law Against Discrimination New Jersey’s Law Against Discrimination (often referred to as the “LAD” or the “NJLAD”) prohibits discrimination and harassment against employees because of a wide variety of immutable characteristics. Among these are protections against discrimination and harassment because of an employee’s age and disability. The Law…

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Changes to New Jersey’s Family Leave Act

There are many types of medical leave benefits which exist in New Jersey for employees, and they are ever-expanding and evolving. There is the federal Family Medical Leave Act of 1993 (“FMLA”) which allows an employee to take time off from work either for that employee’s own medical issues or…

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While Recent U.S. Supreme Court Decision Extends Federal Age Discrimination Protections for Public Employees, New Jersey Law Already Offered Strong Protection to Older Government Employees

Amazingly, despite the law being clear for many years that age discrimination in employment is illegal, and despite the fact that both research and experience have shown the value of mature workers, age discrimination against older employees continues to be widespread in New Jersey and the country at large.  Both…

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Union Members May Opt-Out of Paying Dues

On June 27, 2018, the United States Supreme Court issued an important employment law decision in the case of Janus v. American Federal of State, County and Municipal Employees (“AFSCME”). Prior to Janus, the general law was that public sector unions (i.e. unions comprised of governmental employees) could collect fees…

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FAQ’s on New Jersey’s Paid Sick Leave Legislation

New Jersey has joined nine other states and the District of Columbia in enacting a law to require that employers must provide their employees with paid sick leave.  The law is among the toughest in the nation, and imposes many new requirements on employers.  Below are some of the most…

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Mandatory Pay for Breaks Under the Fair Labor Standard Act

The Fair Labor Standards Act (“FLSA”) is a federal statute enacted in 1938 with the goal of setting national minimum requirements for employee compensation.  It covers areas such as minimum wage and overtime, among other things. On February 9, 2017, the Third Circuit Court of Appeals was the first  United…

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United States Third Circuit Court of Appeals Extends Winters Doctrine, Further Limiting New Jersey Government Employees’ Right to Appeal Wrongful Employment Decisions

 Our employment lawyers represent many honorable New Jersey employees in disputes with their governmental employers.   The Winters Doctrine As I wrote in a previous post, in 2012 the New Jersey Supreme Court created a serious hurdle for public employees.  In the case of Winters v. North Hudson Regional Fire…

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