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1
Unpaid Volunteers Are Not Covered By New Jerseys Whistleblower Law
In Sauter v. Colts Neck Volunteer Fire Company No. 2, a published opinion issued on September 13, 2017, a three-judge panel of the Appellate Division of New Jersey held that a plaintiff's CEPA retaliation claim...
United States
22 Sep 2017
2
Unpaid Volunteers Are Not Covered By New Jersey's Whistleblower Law
New Jersey's Appellate Division upheld summary judgment dismissing a claim of whistleblower retaliation under the Conscientious Employee Protection Act ("CEPA"), finding that plaintiff...
United States
22 Sep 2017
3
New Jersey Appellate Division Declines To Find Section 301 Pre-Emption Of Discrimination And Retaliation Claims
The New Jersey Appellate Division reinstated plaintiff's state law discrimination and retaliation claims, finding the claims were not pre-empted by Section 301 of the LMRA.
United States
5 Jun 2017
4
NJ Court Rules That Unemployment Benefits Do Not Offset Back Pay Awards
New Jersey's Appellate Division determined that an award of unemployment compensation benefits will not offset an award of back pay in cases brought under the New Jersey Law Against Discrimination.
United States
20 Mar 2017
5
ALJ Holds That Employer's Worker's Compensation Carrier Must Pay For Employee's Medical Marijuana
Last month, a New Jersey Administrative Law Judge ("ALJ") held that an employer's worker's compensation insurance carrier must reimburse an employee who was injured on-the-job for his medical marijuana.
United States
27 Feb 2017
6
Third Circuit Clarifies Plaintiff's Burden Of Proof For USERRA Claims
The Third Circuit held that, in a failure-to-promote USERRA case, plaintiffs need not plead or prove that they are objectively qualified for the position sought in order to meet their initial burden of proof.
United States
3 Jan 2017
7
Third Circuit Clarifies Plaintiff's Burden Of Proof For USERRA Claims
The Third Circuit held that, in a failure-to-promote USERRA case, plaintiffs need not plead or prove that they are objectively qualified for the position sought in order to meet their initial burden of proof.
United States
3 Jan 2017
8
Third Circuit And New Jersey Court Crack Down On Plaintiffs Seeking To Re-Litigate Their Claim
Last month, the Third Circuit and New Jersey Appellate Division dismissed two separate cases filed by plaintiffs trying to circumvent unfavorable holdings in putative class and collective actions.
United States
19 Dec 2016
9
Conscientious Objectors To Arbitration Policy Can Bring Their Cases In Court
The Third Circuit held that two employees could sue their employer in court despite a dispute resolution policy requiring binding arbitration...
United States
7 Nov 2016
10
If Pain, Yes Gain—Part XXIII: Morristown Delays Sick Leave Law's Effective Date
The Morristown, NJ paid sick time ordinance's effective date has been delayed by more than three months following a mayoral executive order.
United States
4 Oct 2016
11
If Pain, Yes Gain—Part XXII: Morristown No. 13 In New Jersey To Pass Paid Sick Leave Law
Following the path of 12 other New Jersey municipalities, on September 13, 2016, the Morristown, NJ, Town Council passed a mandatory paid sick leave ordinance (the "Morristown Ordinance").
United States
26 Sep 2016
12
NJ Supreme Court Finds For Employees In Two Recent Cases
The plaintiff was a 17-year employee of the Millville Rescue Squad ("MRS"), where he worked with his wife during the latter 8 years of his employment.
United States
7 Jul 2016
13
Statute Of Limitations For New Jersey Law Against Discrimination Claims Cannot Be Shortened By Contract
The Supreme Court of New Jersey rules that employers may not shorten the statute of limitations for claims of discrimination under the New Jersey Law Against Discrimination via private contract.
United States
23 Jun 2016
14
Money Doesn't Grow On Trees In The Garden State, But New Jersey Senate Committee Advances Bill For $15 Minimum Wage
New Jersey Senate Committee proposes a $15 minimum wage by 2021, with automatic future increases tied to the CPI.
United States
26 May 2016
15
Somebody Call A Doctor!…. As A Treating Physician Or Expert?
The New Jersey Supreme Court has recently held that a treating physician, who has not been designated as an expert witness, is permitted to testify as to whether a plaintiff's medical condition...
United States
16 May 2016
16
Arbitration Program Gets Straight AAA's Despite Failing In JAMS
On March 1, 2016, the New Jersey Appellate Division upheld a decision to compel an employee to arbitrate her dispute with Raymours Furniture Inc. before the American Arbitration Association...
United States
7 Apr 2016
17
Arbitration Program Gets Straight AAA's Despite Failing In JAMS
In Bowman v. Raymours Furniture Inc., the employee-plaintiff was a customer-care coordinator who had executed an agreement to submit all employment-related disputes to arbitration before JAMS or AAA.
United States
4 Apr 2016
18
New Jersey Supreme Court Takes On Preemption Of CEPA Whistleblower Claims
On Wednesday, January 6, 2016, the New Jersey Supreme Court heard arguments in Puglia v. Elk Pipeline, Inc., on whether claims under the New Jersey Conscientious Employee Protection Act ("CEPA") were preempted by the federal Labor-Management Relations Act ("LMRA").
United States
13 Jan 2016
19
If Pain, Yes Gain — Part XIV: Paid Sick Leave Developments Bring Holiday Chills In New Jersey
As the year winds down, New Jersey paid sick leave continues to wind up.
United States
5 Jan 2016
20
'Tis The Season For New Jersey CEPA And Gender Equity Notices
It is once again that time of year when we remind our clients with operations in New Jersey of their obligation to distribute certain required notices to their employees.
United States
29 Dec 2015
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