Litigation Labor & Employment Law Group 732.531.9300
New Jersey Employment Law Litigation Lawyers
New Jersey Employment Lawyer Reports
October 18,2013. New Jersey Employment Lawyer Reports: Municipalities in the State of New Jersey are coming to the realization that policies and procedures prohibiting harassment and discrimination not only need to be implemented, but followed through in a thorough and consistent manner. Most recently, the City of Hackensack came to this realization after paying a whopping $495K to a former employee that complained of sexual harassment. Read more.
October 11, 2013. Two former employees of Sears Company have filed a wrongful discharge case against the company claiming they were terminated in violation of the New Jersey Law Against Discrimination based on their Muslim faith. Read more.
October 2, 2013. New Jersey has enacted a law that prohibits employers from requiring or requesting access to employees' and applicants' personal social media accounts. New Jersey employers may, however, continue to access and use any information about current employees and job hopefuls in the public domain.
New Jersey Assembly Bill No. 2878 ("A2878") prohibits employers from forcing their workers or job applicants to disclose personal information (usernames, passwords or other login information) for accessing accounts or services provided by websites such as Instagram, Twitter and Facebook.
The law also contains an anti-retaliation provision. The law forbids employers from retaliating against employees who refuse to provide login information to their social media accounts or who assist in the investigation or reporting of alleged violations of A2878. Governor Chris Christie signed the new law on August 29, 2013. The law is effective December 1, 2013.
September 27, 2013. New Jersey Employment Lawyer has a new look on it's blog page. Visit www.newjerseyemploymentlawyer.net and check out our new website, providing updates on New Jersey employment law issues.
September 11, 2013. Effective immediately, the New Jersey Law Against Discrimination ("LAD) provides for a retaliation ban against those employees who ask current or former colleagues for information about the job title, occupational category, rate of compensation (including benefits), gender, race, ethnicity, military status or national origin of any other employee or former employee. The law amendment to the law further states that in order to qualify for anti-retaliation protection, the request must be made for the purpose of (1) investigating potential discriminatory treatment concerning pay, bonuses or other compensation or benefits; or (2) taking legal action regarding discriminatory treatment concerning pay, bonuses or other compensation or benefits. Read more here.
September 10, 2013. NJ Employment Lawyer reports on Lippman v. Ethicon, NJ Appellate Decision, which adddresses CEPA protection for compliance offficers. An employee's job title or employment responsibilities should not be considered outcome-determinative in deciding whether the employee has presented a cognizable cause of action under CEPA. Here, the Court declined to follow the dictum in Massarano v. New Jersey Transit, 400 N.J. Super. 474 (App. Div. 2008), relied upon by the trial court in dismissing the plaintiff's case on the basis that he was only doing his job by reporting alleged illegal activity. Read the Court's Opinion here.
September 6, 2013. NJ Employment Lawyers, Statewide Practice focusing on Labor & Employment related claims in the State of New Jersey reports: In cases arising under CEPA, an upper management jury charge is required to support an award of punitive damages against an employer, which can only be awarded if the jury finds wrongful conduct under the clear and convincing evidence standard. Read the NJ Supreme Court's Opinion here.
August 29, 2013. United States Supereme Court limits definition to those that can hire and fire. This is win for businesses in New Jersey and the rest of the Country. Read the Court's Opinion here.
August 21, 2013. New Jersey's Law Against Discrimination is not limited claims filed in the employment setting. Many store owners and merchants are unaware that the NJ law broadly covers discrimination claims brought by customers. In a recent case, a Muslim customer alleged that she was asked to remove a traditional face covering, or niqab, by a shopping mall guard. The customer filed a lawsuit claiming discrimination against the guard and the mall's owners. Although many companies have enacted policies and procedures prohibiting discrimination against co-workers, these companies need to be aware that similar polices should be enacted to ensure that the public is not subjected to discriminatory conduct.
August 14, 2013. Tim Armstrong, AOL's CEO, terminated an employee for snapping a picture during a corporate telephone conference. Is there a claim by the employee? A recent NY Post article seems to imply that the ex-employee may have a claim against AOL. Under New Jersey law, it is highly unlikely that the employee (assuming "at will") would have any claim aginst the company. What exactly is the claim? There is none. The Post states that the employee may have a tough time getting a job after this public event, but is that really AOL's problem? No. Folks, just another example of the "at will" doctrine in employment law.
August 7, 2013. New Jersey employment lawyers have yet another law to interpret. New Jersey enacts the Security and Financial Empowerment Act (Safe Act). Victims of domestic vicolence and/or their family members can now take 20 days of unpaid leave within the year following an incident of domestic violence or a sexually violent offense. Read more here.
April 2, 2013. Top 10 Most Costly Employment Lawsuits of 2012. This may not be suited for David Letterman's list, but it certainly is of interest to employment lawyers in New Jersey. Read the list here.
March 7, 2013. Employment Lawyer New Jersey, David A. Krenkel, Esq., Labor & Employment law Litigator with a statewide practice focused on employment related claims reports: Three Democratic Senators in the State of New Jersey support a bill entitled "Opportunity to Compete Act". The Act, if passed, would eliminate disclosure of criminal acts on job applications. The Act does not apply to all crimes. It seems doubtful that Governor Christie would sign such a bill. Stay tuned. Read more.
March 5, 2013. Krenkel & Krenkel, LLC, David A. Krenkel, Esq., Employment Lawyer NJ, with NJ Statewide Practice focusing on labor & employment related matters in State and Federal Courts reports: Designating settlement letter as protected by Evidence Rule 408 no guarantee to inadmissibility before court. Not all letters are an engagement in compromise negotiations. Court may strike portion of letter and permit remainder of letter as evidence. Read the case here.
February 26, 2013. NJ Employment Lawyer, statewide practice focusing on labor & employment related claims in the State of New Jersey, reports on recent cases and trends in the field of employment law. Theresa Kwiecinski, New Jersey, filed a lawsuit in New Jersey Superior Court. The defendant is Mars Chocolate North America. the claim is for wrongful termination, citing that she was unfairly dismissed primarily for being openly gay. Read more.
February 19, 2013. Krenkel & Krenkel, David A. Krenkel, Esq., NJ Employment Lawyer, Counsel to matters related to employment and labor litigation. Discrimination Reporter: Merrill Lynch granted summary judgment in discrimination case filed by machine operator. Court cites lack of evidence. Read more.
February 15, 2013. New Jersey Employment lawyer, David A. Krenkel, Krenkel & Krenkel, LLC, Allenhurst, NJ, with a practice focusing on New Jersey Employment Law Reports. City of Trenton settles reverse discrimination lawsuit for $375,000.00.
February 6, 2013. David A. Krenkel, Krenkel & Krenkel, LLC, NJ Employment Lawyer, counsel to matters related to labor and employment disputes. EEOC may be backing off disparate impact discrimination theory based on employer credit checks of prospective employees. Read more.
February 1, 2013. NJ Employment Lawyer, David A. Krenkel, Esq., with a practice focusing on labor and employment related matters in the State of New Jersey. New Jersey's Medical Marijuana law has kicked in and this will indubitably clash with NJ's liberal anti-discrimination laws. Click here to read a recent article which discusses the issue and it's impact on NJ employers. On the federal level, read James v. City of Costa Mesa which held that California;s medical marijuana law is not anexception to the American with Disabilities Act drug use clause.
January 25, 2013. David A. Krenkel, Employment Lawyer New Jersey. Coprorations, Executives and Individuals can receive advice and updates on NJ employment related matters by following our blog. Recently, the New Jersey Department of labor published proposed rules to comply with the new Gender Equity Poster Law in NJ. Read more.
January 10, 2013. NJ Employment Lawyer, David A. Krenkel, reports on a recent case out of Middlesex County. Dunkin Donuts motion to dismiss a case filed by the employment law attorneys for franshisees of the Dunkin Donuts' coporation. Dunkin's employment law attorneys in NJ requested that the Court dismiss the discrimination claims filed by the franchisees. The motion was denied and the discrimination case will proceed through the discovery process. Read more.
January 3, 2013. David A. Krenkel, New Jersey Employment Lawyer, representing Individuals and Corporations reports on new emploment law cases in NJ. NJ Employment Lawyer Reports: Release of claims for consulting contract bars subsequent lawsuit when 1099 tax forms reveal underpayment on consulting agreement. Read more.
January 2, 2013. New Jersey Employment Lawyer David A. Krenkel, Esq. of Krenkel & Krenkel, LLC, reports on recent developments in labor and employment cases. Bogota Police Department is facing an amended complaint by a former officer, charging claims of discrimination, harasssment and retaliation.
December 7, 2012. United States Supreme Court to decide the definition of a "supervisor" under Title VII. A narrow definition could make it more diffcult for employees to sue for retaliation and a hostile work environment. New Jersey employment lawyers will certainly be impacted by the high Court's decision when it comes down as New Jersey State Courts frequently turn to federeal case law for guidance in interpreting New Jersey's anti-discrimination laws. Read more . . .
December 5, 2012. Belleville School's Superintendent under fire in newdiscrimination lawsuit. A New Jersey employment lawyer has recently filed the suit.
December 4, 2012. Employers in New Jersey need to start updating their employment polices. New Jersey recently passsed an act that requires every employer in the State, with 50 or more employees, to conspicuously post notification, in a place or places accessible to all workers in each of the employer’s workplaces, in a form issued by regulation promulgated by the Commissioner of Labor and Workforce Development, detailing the right to be free of gender inequity or bias in pay, compensation, benefits or other terms or conditions of employment under the“Law Against Discrimination. New Jersey employment lawyers will be busy assisting their clients in updating their polcies to include the recent legislation. Read more for specifics on the employer's requirements.
December 3, 2012. Dismissal of racial discrimination case against Merrill Lynch upheld by New Jersey Appellate Division. Read the Court's opinion here.
November 30, 2012. New Jersey Employment Lawyer Reports: The 2012 Equal Emploment Opportunity Commission Report states there is an increase in the number of investigations but a decrease in the number of suits filed. However, the report may be misleading as the pipeline of complaints is deep and the number of filings may increase in 2013 and 2014.
November 29, 2012. Matawan and Chief of Police settle civil lawsuit. The Township will pay $150,000.00 to settle the lawsuit filed by the Cheif of Police. The New Jersey Employment Lawyer respresenting the Chief shall receive $100,000.00 out of the settlement proceeds. The Chief of Police shall receive $50,000.00 and is submitting his retirement. The lawsuit was filed earlier this year.
November 20, 2012. AOL Jobs website has a great article on how employers can discriminate legally. Some of the highlights include laws advocated by New Jersey employment lawyers.
November 17, 2012. NJ Employment lawyers need to review this case against Exxon. Summary judgment at the trial level was not properly granted to an employer that required a long term employee whose job performance was satisfactory to submit to random alcohol testing and terminated her employment when a test showed she had used alcohol. Because the record revealed that the basis for the testing and termination was the employee's voluntary disclosure that she was an alcoholic and not the result of inadequate job performance, the imposition of these conditions constituted direct evidence of discrimination. As a result, the burden of persuasion shifted to the employer, requiring it to show that the employment actions taken would have occurred even if it had not considered plaintiff's disability. For more information turn to the Lexology Report.
November 16, 2012. The issuance of a memo stating that hours would be cut because one of the staff brought a wage-and-hour claim can constitute an adverse action that supports a whistleblower suit, a New Jersey appeals courtheld on Wednesday.
November 15, 2012. New Jersey Assembly advances bill that would tighten restrictions on truckers that would classify them as employees and not independent contractors under a proposed New Jersey employment law.
September 10, 2012. Racial bias case against UMDNJ upheld.
September 6, 2012. New Jersey employment lawyer for Port Authority seeks dismissal of LAD case.
August 30, 2012. FLSA cases are on the rise by 30 percent, New Jersey Employment Lawyer Reports.
April 4, 2012. Public Positions and New Jersey Employment Law. Public employees in the State of New Jersey are at risk of losing their job if they commit a crime in the State of New Jersey. New Jersey Employment Lawyer Blog reports.
April 3, 2012. Recent articleon New Jersey Employment Law and Social Media. Employers are requesting employees' Facebook passwords. Is it legal?
March 22, 2012. New Jersey Employment Lawyer blog reaches Number 1 ranking on google search for New Jersey employment lawyers. The blog for New Jersey Employment Lawyer was launched several years ago and brings updates on recent trends in New Jersey employment law.
October 20, 2011. Employment lawyers in New Jersey need to take note of this case. Abrasive and impolite comments by a manager or co-workers may make for an unpleasant workplace, but if it's directed toward everyone, it's not actionable under the state Law Against Discrimination, an appeals court says. On Wednesday, the Appellate Division affirmed a trial judge's ruling that there was no gender discrimination at play in the vulgar and dismissive language at an auto dealership where the plaintiff was the sole female employee. "Personality conflicts, albeit severe, do not equate to hostile work environment claims simply because the conflict is between a male and a female employee," the two-judge panel said in Miceli v. Lakeland Automotive Corp., A-3207-19.
June 26, 2007. Bergen County Record publishes Op Ed by David A. Krenkel on impact of Wal-Mart discrimination ruling by Supreme Court.
December 20, 2010. New Jersey emplyoment lawyers can now start using Lexology, a new database that compiles NJ employment law articles.
December 7, 2010. New Jersey Employment Lawyer Reporter. Ruling in favor of a NJ employment lawyer that filed a claim on behalf of the plaintiff, the New Jersey Supreme Court rules that confidential employment records may be used in discrimination/retaliation lawsuit filed under the New Jersey Law Against Discrimination.
November 24, 2010. New Jersey Employment Lawyer Reporter. Alexander v. Seton Hall University, New Jersey Supreme Court. The payment of unequal wages on the discriminatory basis of age or sex is set forth in the Law Against Discrimination. Each payment of such discriminatory wages constitutes an actionable wrong that is remediable under the LAD. The two-year statute of limitations applies to such violations by cutting off the untimely portion of such claims. Therefore, the law limits the damages recoverable for past discriminatory compensation. The court opined that plaintiffs' complaint was timely in respect of the allegedly discriminatory wages they received during the two years immediately prior to the filing of their complaint. NJ Employment Lawyer Reporter.
November 22, 2010. New Jersey employment lawyer offers strong criticism of NJ Governor Christie’s tool kit. NJ Star Ledger tries to make sense of the tool kit and its effect on local municipalities. Employment lawyers in New Jersey, along with the NJ State Legislature will need to sort out New Jersey civil service and arbitration issues for public servants.
Nov 14, 2010. Essex County settles lawsuit with employee that claims the County refused to allow her to wear a religiously mandated headscarf. The employee claims that she was suspended and then dismissed over the employment dispute. The New Jersey employment lawyer stated on behalf of the Department of Justice, Civil Rights Division that an "individual should not have to choose between keeping a job and practicing their faith when accommodations can be reasonably made."
Nov 8 2010.
A former NJ Transit train conductor that was terminated after publicly burning pages from the Quran on the 9th anniversary of the Sept. 11 tragedy has filed a lawsuit against his former employer. The former employee is seeking reinstatement and monetary damages. New Jersey employment lawyers on both sides will certainly find themselves in a contraversial subject litigating this case.
June 5, 2009 - Krenkel & Krenkel, LLC, and co-counsel, The Gardner Law Firm, Lankenau & Miller, LLP and Margolis Edelstein, settled a class action lawsuit for $475,000.00 against Foxtons, Inc., a discount real estate brokerage firm located in West Long Branch, New Jersey. The complaint was filed in the United States Bankruptcy Court and alleged that Foxtons terminated 350 employees without sufficient warning. The lawsuit alleged that Foxtons violated the Worker Adjustment and Retraining Notification Act, 29 U.S.C. 2101, et seq.