A recent New Jersey Appellate Division opinion now makes it explicitly clear that unemployment benefits cannot be deducted from back pay damages in employment discrimination cases under the New Jersey Law Against Discrimination (“LAD”). Acevedo v. Flightsafety International, Inc., No. A-1295-14T2, N.J. Super._(App. Div. Mar. 6, 2017). While this has technically been the law for quite some time, trial judges have routinely ignored or confused the rule because in most other civil cases, unemployment benefits are deducted based on the law known as the “collateral source statute” ( N.J.S.A.… Read More
Regular readers of this blog know that compensatory time off, A.K.A. comp time, is a top wage and hour myth to private sector employers. For more than 30 years, non-exempt public sector employees have been able to accept comp time instead of receiving overtime pay for hours worked in excess of 40 in a workweek. Although such an arrangement is not available to private sector employees under the Fair Labor Standards Act (FLSA), that may soon change.… Read More
A recent New Jersey Appellate Division decision once again highlights the specificity required to enforce jury waivers or agreements to arbitrate employment disputes. In Noren v. Heartland Payment Systems, Inc., ___ N.J. Super. (App. Div. 2017), Plaintiff signed an employment agreement containing a jury-waiver provision stating that the parties “irrevocably waive any right to trial by jury in any suit, action or proceeding under, in connection with or to enforce this Agreement.” Plaintiff was subsequently terminated and filed suit against the Defendant employer for breach of contract and violation of New Jersey’s whistleblower law, the Conscientious Employee Protection Act (“CEPA”). … Read More
A recent decision by the Third Circuit Court of Appeals highlights the well-established legal maxim that “when a party enters into a signed, written contract, that party is presumed to understand and assent to its terms.”
In ADP v. Lynch and Halpin, No. 16-3617 (3rd Cir. Feb. 7, 2017), Defendants Lynch and Halpin worked in sales at ADP before they resigned and went to work for one of ADP’s direct competitors. … Read More
New Jersey is one of five states which provide for paid family leave. Under New Jersey’s Paid Family Leave Insurance law, eligible employees can take up to six weeks of leave to bond with a newborn or newly adopted child or to care for a family member with a serious health condition. Employees are paid benefits equaling two thirds of their salary, which for 2017, is capped at $677.00 per week. … Read More
George Hlavac, the Chair of the Labor & Employment Group in our Allentown, Pennsylvania office, recently posted “Dispelling the 10 Biggest Wage and Hour Myths” on our Lehigh Valley Employment Law Blog. We highly recommend that you subscribe to this Blog if you have not done so already. George’s analysis focuses on federal and Pennsylvania law. We have taken George’s article and analyzed these issues under New Jersey law and provide you with the following. … Read More
Charles A. Bruder and David T. Harmon, Members of the law firm Norris McLaughlin & Marcus, P.A., and Co-Chairs of the firm’s Executive Compensation and Employee Benefits Group, will present the webinar “Utilizing Settlement and Severance Packages” in conjunction with Lorman Education Services on Tuesday, March 21, from 1-2:30pm.
Since employers, large and small, are dealing with more frequent changes in their employee populations than ever before, this webinar will help them understand key issues to address in a settlement or severance agreement to avoid litigation and that will benefit both the employer and the departing employee. … Read More
Last November, the U.S. Citizenship and Immigration Services (“USCIS”) announced an updated Form I-9 for employers to use in verifying the identity and employment authorization of individuals hired for employment in the United States. Although some employers may have forgotten this news, which came on the heels of the election and right before the holiday season, it is important to remember that the updated form must be used as of January 22, 2017.… Read More
This week, the Equal Employment Opportunity Commission issued its Fiscal Year 2016 Enforcement and Litigation Data. Those of you who joined us at our New Jersey Office for the Labor & Employment Year In Review Seminar may recall we shared a preview of these statistics, based on preliminary data the EEOC had published at that time. We now have the benefit of the EEOC’s exhaustive reports, including detailed data released for the first time relating to LGBT charges.… Read More
With 2016 coming to an end, New Jersey employers must ready their business for the coming year. With this in mind, we have compiled the following information for New Jersey employers to consider as we enter 2017:
The New Jersey Department of Labor announced in September 2015 that the state minimum wage would be raised from $8.38 to $8.44 per hour.