In light of the COVID-19 pandemic, many employers are opting to allow their employees to work remotely. To avoid potential liability, employers who choose to implement a remote work policy must ensure that the policy is administered in a manner that complies with...
Employment Law
Supreme Court Finds That Employer May Be Liable Under The New Jersey Law Against Discrimination For Subordinate Non-Decisionmaker’s Gender Bias
In the recent decision of Meade v. Township of Livingston (A-52-20, 085176 decided on December 30, 2021), the New Jersey Supreme Court held that an employer may be liable for gender discrimination under the New Jersey Law Against Discrimination (“LAD”) due to its...
Congress Bans Arbitration Provisions Covering Sexual Harassment and Sexual Assault Claims
Litigants alleging sexual harassment and/or sexual assault in the workplace want to have their day in court and have their cases decided by jury trials. However, in an attempt to keep such disputes out of the public eye, employers frequently require their employees to...
What are liquidated damages in construction contracts?
Are you planning a major new construction project in New Jersey? There are a great many details that will need to be worked out in advance. One of them will be the potential issue of liquidated damages. These are the funds that cover the cost of continuing the project...
Does bullying constitute workplace retaliation?
Bullying occurs in many areas and at various stages of life. However, when it happens in New Jersey workplaces, it’s not only intolerable but illegal. It’s worth knowing if workplace bullying constitutes retaliation. What is workplace bullying? There are many ways...
What does workplace retaliation look like?
New Jersey employers are generally not allowed to engage in conduct that may be seen as retaliation against their workers. Workplace retaliation may include demoting an employee who files a sexual harassment complaint or cutting the hours of a worker who takes part in...
New York Significantly Expands Whistleblower Protections for Employees
On October 28, 2021, Governor Kathy Hochul signed legislation that will significantly expand the scope of whistleblower protection for employees in the State of New York. The law goes into effect on January 26, 2022. Here are highlights of the more significant...
Dealing with everyday discrimination
Most employers in New Jersey understand that discrimination is illegal. If an employer repeatedly refuses to hire or promote job candidates based on their race, sex, or disability, they could get into big trouble. However, smaller, less obvious acts of discrimination...
What retaliation means in the workplace
New Jersey employers might have heard about retaliation lawsuits in the workplace. Retaliation happens when an employee receives disciplinary action or consequences after reporting on harmful or illegal practices. Why do employees face retaliation? Retaliation can...
Independent Contractor Misclassification
There are many employers who try to exploit their workers by classifying them as contractors rather than employees. This means the employer is not required to offer them benefits, can force them to pay a bigger share of their taxes, and removes some protections for...