Here’s the thing. When a plaintiff asserts a disability discrimination claim against a current or former employer, one of the elements of the claim is establishing … wait for it … a disability. It’s critical. Even in an employee-friendly state like New Jersey. I read a New Jersey appellate court…
You’ll find an important update if you head over to the official Layoffs and Closings website for New Jersey’s Department of Labor & Workforce Development. There are changes to the Millville Dallas Airmotive Plan Job Loss Notification Act, also known as New Jersey’s Mini WARN Act). They took effect on April 10,…
The answer to that question (wait for it) — it depends on the state. A few states, like California, Colorado, Kentucky, and Massachusetts (there may be others), define “wages” statutorily to include vacation pay. And since an employer must pay all wages owed to terminated employees, generally, that includes accrued but unused…
Last week, Governor New Jersey Phil Murphy’s office announced “a significant step for vulnerable workers in New Jersey” when the Governor signed A1474/S511, commonly referred to as the “Temporary Workers’ Bill of Rights.” Here is a summary of some of the key provisions from the press release: In an effort…
In December, I warned you that New Jersey’s Mini-WARN Act might get that employee-friendly overhaul sooner than you think. That prediction has borne fruit. (Especially for NJ employee-rights class action lawyers.) On Tuesday, NJ Governor Phil Murphy signed legislation to amend the effective date of the changes to NJ’s mini-WARN…
Under a federal law called the Worker Adjustment and Retraining Notification (WARN) Act, businesses with 100 or more employees must provide affected workers with 60 days’ notice before a big layoff. It’s a bit more nuanced than that. But, for this blog post, the details aren’t so important. What does…
Last night, just as I finished revising my Expert Analysis submission on workplace drug testing to Law360, another new Law360 article on cannabis use caught my eye. Whether by industry regulation or perhaps in an employee handbook, rules of ethics govern many workplaces. Rules of Professional Conduct govern the practice…
The surprise will quickly disappear once I share the facts from this recent Third Circuit decision. The plaintiff was a patient representative with a local hospital. On January 3, 2014, he reported to work amid a snowstorm. After his shift ended, the plaintiff slipped and fell while searching for a…
Like saying, “It depends,” you can count on a lawyer blogging about cannabis and employment law to drop a marijuana pun in the title of the post. Legal recreational cannabis and its impact at work. In early 2021, New Jersey legalized recreational marijuana for adults 21 and older when Governor…
An HR employee claimed that her age motivated her employer’s decision not to select her for a Human Resources Talent Consultant (HRTC) position after the company restructured the HR Department. Why? Because decision-makers allegedly said on a conference call that they were looking for “fresh new blood” to fill the…