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Articles Posted in Labor and Employment

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When Does the Statute of Limitations on Harassment Begin: The Continuing Violation Doctrine

By enacting the Law Against Discrimination, New Jersey has provided its workers with some of the strongest anti-discrimination laws in the United States.  New Jersey’s Law Against Discrimination protects against employment discrimination, including harassment, because of these protected categories race creed color national origin nationality ancestry age sex pregnancy familial…

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The United States Supreme Court Issues Major Decision on Tolling of Statute of Limitations in Employment Cases Under Supplemental Jurisdiction

The United States Supreme Court issued a major decision on tolling the statute of limitations on state law claims while the case is in federal court which has significant impact on New Jersey employment litigation.  In the case of Artis v. District of Columbia, the Supreme Court answered a major…

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Third Circuit Issues Important Decision on Religious Discrimination in Employment

Both New Jersey’s Law Against Discrimination and the Federal Title VII of the Civil Rights Act of 1964 expressly prohibit employers from discriminating against employees because of their religious practices if they can be reasonably accommodated.  In many cases the most difficult question is whether an accommodation which the employer…

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Potential Roadblock for Certain Whistleblower Claims

In the case of DiFiore v. CSL Behring, LLC, a former pharmaceutical employee brought an action in the District Court for the Eastern District of Pennsylvania against her former employer for retaliation in the form of a wrongful, constructive discharge.  In that case, the employee specifically brought claims under the…

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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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New Jersey’s Ban on Employers Inquiring about Criminal History Background Checks

In 2014, New Jersey’s Governor Christie signed The Opportunity to Compete Act which limited an employer’s ability to ask a potential employee about criminal records in many circumstances. The State passed this law based upon several findings, including: Criminal background checks by employers have increased dramatically with an estimated ninety percent…

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New Jersey Whistleblower

New Jersey employment law protects employees who object to or report illegal conduct by their employers.  New Jersey’s whistleblower protections, particularly the Conscientious Employee Protection Act, have been recognized as the strongest in the nation.  The various sources of these protections are discussed below.   New Jersey’s Common Law –…

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Third Circuit Issues Important Wage & Hour Decision

Wage and Hour Laws Governing New Jersey Workplaces The Fair Labor Standards Act is the federal law which, along with the Wage and Hour Division of the United States Department of Labor’s regulations found in the Code of Federal Regulations, governs overtime and minimum wage requirements.  The Fair Labor Standards…

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Third Circuit Court of Appeals Rules That Employers Must Pay Employees During Breaks of Twenty Minutes or Less

Some of the most conflict-ridden areas in New Jersey employment involve wage and hour issues – who needs to be paid, how much, when and for what.  An important Federal appeals court decision has shed light on one of the most contested topics in this area – when employees mostly…

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Employees Who are Being Retaliated Against or Discriminated Against by Their Employers Must Be Cautious in Preserving Records for Litigation

When an employee is being harassed or disciplined in his employment as a result of discrimination or retaliation for the employee’s objections to illegal conduct, there are multiple laws which may provide relief to the employee.  These include, for instance, New Jersey’s Law Against Discrimination (the “LAD”) and New Jersey’s…

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