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.)
Yesterday, I wrote about a man who claimed that his employer retaliated against him by forcing him to resign after he objected to attending workplace training on anti-racism and gender identity.
It was a good story. We employment lawyers have plenty of them. But, perhaps, it wasn’t great.
But what if I told you that the man’s son also worked for the same employer, objected to attending the same training modules, and eventually sued the same employer for race and religious discrimination? Continue reading
The federal court decision I read last night reaffirms one of the many reasons I enjoy practicing employment law: I’ll never run out of good stories to tell.
On Thursday, the Federal Trade Commission proposed a new rule prohibiting employers from imposing noncompetes on their workers. I wrote about it on Friday and spent the weekend reading all 216 pages of the official “Non-Compete Clause Rule Notice of Proposed Rulemaking.” So, let’s discuss it on Zoom today.
Yesterday, the Federal Trade Commission proposed a new rule prohibiting employers from imposing noncompetes on their workers. Continue reading
Blink twice if you know (or at least suspect) a poor-performing employee who complained about discrimination or sought leave under the Family and Medical Leave Act to insulate herself from discipline at work. Continue reading
Litigators often counsel witnesses to answer, “I don’t recall,” rather than guess or speculate the response to a question at a deposition. But, sometimes, that approach can backfire. Continue reading
The Americans with Disabilities Act prohibits employers from discriminating against qualified individuals because of a disability. A qualified individual can perform the job’s essential functions with or without a reasonable accommodation. Often, an individual with a disability will approach a supervisor or HR, identify their limitations, and ask for help. It’s a modest burden.
Then, it’s the employer’s job to continue a good faith, interactive process to determine whether a reasonable accommodation exists to help the employee without creating undue hardship on the business. When done right, it’s a win-win. But, when the employer impedes the process, it often results in a lawsuit. Continue reading
I love to litigate employment disputes. And restrictive covenant cases are at or near the top of my list. They are fast-paced, usually well-lawyered on both sides, and lucrative. The primary goal of the dispute is to obtain a preliminary injunction — quickly — to stop someone from working. That means obtaining, organizing, and presenting an entire lawsuit worth of evidence in just months or weeks. Continue reading
Last week, while many of you were in your offices with the doors closed, pretending to work before the holiday break, the Senate and House passed an omnibus spending package incorporating two separate pieces of legislation to protect pregnant workers and new moms. Continue reading
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