About two years ago, I blogged here about this decision from the NJ Superior Court, Appellate Division, where the court held that an employer and employee could agree to shorten the statute of limitations on employment claims. For example, in Rodriguez v. Raymours Furniture Company, Inc., conspicuously placed in its application materials,…
Articles Posted in New Jersey
Governor Christie conditionally vetoes an equal-ish pay bill in NJ
There’s an equal-pay-for-women movement going on nationwide. Maybe you’ve heard of it. The most-commonly cited statistic is that full-time American female employees are paid only 79 cents for every dollar paid to men. Locally, here in New Jersey (technically, I’m typing this post in Cherry Hill, NJ in a diner located…
Can you legally fire an employee for extreme gas?
My readers are the best! On Friday, I received two emails within 15 minutes of one another, encouraging me to blog about this story. Kenneth Hilario at the Philadelphia Business Journal writes about an employee of an NJ company who is suing her employer. What makes this story special? The company allegedly fired…
Can a company regulate employee weight and appearance?
According to a New Jersey appellate court, Borgata Hotel Casino & Spa can do it. Two years ago, a NJ trial court judge dismissed the claims of 22 female cocktail servers, also known as “BorgataBabes,” who claimed that they were victims of gender and weight discrimination. Borgata dictates that its BorgataBabes, both…
He was late for work 111 times because of….BREAKFAST?!?! (And kept his $90,000 job).
Earlier this year, I shared the most unique late-to-work excuses. “I have a bad habit of eating breakfast in the morning, and I lost track of time” did not make the list. However, according to the Associated Press, a New Jersey teacher used that excuse to explain away the 111 times he was…
Don’t forget anti-harassment training for temporary workers
In these Summer months, it’s easy to relax a bit. For example, last weekend I spent Sunday morning sleeping off a fun Saturday night in the shade of a tree on my front lawn while my four kids played slip-and-slide in traffic on the front lawn too. Although, I did…
NJ Supreme Court: Whistleblower law protects watchdog employees too
Can a person whose job is to ensure that the company follows a particular standard of care; i.e., a watchdog employee, bring an action against the company under New Jersey’s Conscientious Employee Protection Act (CEPA), the state’s whistleblower law? In case you missed it, earlier this month, the New Jersey Supreme Court answered…
Third Circuit Employment Law 101: Independent Contractor or Employee
Back when I first started this blog, when I believed that my blogging success would translate into Aston Martins and beach homes, rather than “Can you please email me a copy of your FMLA PowerPoint?”, I had a series of “Third Circuit Employment Law 101” posts. Well, I don’t think I’ve…
Noting “Health Reasons” on a termination form could indicate disability bias
Happy Monday, everyone. Glad to see I didn’t break some of your content filters on Friday with my filthy NLRB post. But, hey, just another day in the interesting life of an employment lawyer / HR professional, amirite? Today, I bring you a very simple lesson, courtesy of the Third Circuit Court…
Does a company invade an employee’s privacy by accessing personal texts on a work-issued iPad?
This “invasion of privacy” question is the lynchpin of a new lawsuit from two former employees of one of the largest beer companies in the world. The complaint (available here), which began in state court, has been removed to federal court in New Jersey. David Gialanella, reporting for the New Jersey…