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NJ Employment Law Blog

May 11, 2017

Breakfast with Pat: DOL Hot Topics

Pat Collins led the first session of our 2017 Labor & Employment Breakfast Series this morning with a seminar on DOL Hot Topics.

Watch the video below to see his quick recap.

If you have any questions, please contact Pat at ptcollins@nmmlaw.com. To register for our next seminar in the series, How to Handle Employee Complaints & Investigations, or to register for the entire series, please click here.… Read More

May 03, 2017

EEOC’s Most Current Decision Digest is Available On-Line

The Equal Employment Opportunity Commission issued its Fiscal Year 2017, Volume 2 Digest of Equal Employment Opportunity Law, which can be found on the EEOC’s website here.

The decisions selected for inclusion in the Digest are catalogued based on the main topic or issues addressed, and there is a short summary of each decision provided.  Also, there is a link available for each decision enabling electronic access to a copy of the full decision. … Read More

May 02, 2017

New Jersey’s Unemployment Compensation Act Definition Of “Simple Misconduct” Deemed Arbitrary And Capricious

New Jersey’s Unemployment Compensation Act (the “Act”) provides for three different levels of misconduct that will result in disqualification for benefits.  “Simple misconduct” disqualifies employees for benefits for the week in which they were discharged and seven additional weeks.  “Severe misconduct” disqualifies employees for benefits until they are reemployed for at least four weeks and earn at least six times their weekly unemployment benefit rate. … Read More

Apr 21, 2017

Unemployment Benefits Do Not Factor Into Damages Calculations in Employment Discrimination Lawsuits

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

Apr 20, 2017

Could Comp Time be Coming to the Private Sector?

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

Mar 29, 2017

Jury Waiver And Arbitration Agreements Require Specificity

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

Mar 22, 2017

If You Checked The Box, You’re Bound By The Contract

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

Mar 15, 2017

Increased Benefits Proposed For New Jersey Paid Family Leave Insurance

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

Mar 10, 2017

Dispelling the 10 Biggest Wage and Hour Myths

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

Mar 02, 2017

Charles Bruder & David Harmon To Present Webinar on Settlement and Severance Packages

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

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