Last week, CA became the third state to pass a law that bans employers from requesting online usernames and passwords from employees and job candidates. Maryland was the first state to pass such a law; Illinois was the second. As in the other two states, not only is it illegal…
Back in July, I blogged here about a federal appellate court recently emphasizing just how broad the subpoena power of the United States Equal Employment Opportunity Commission really is. [Editor’s Note: the technical legal term is “crazazy broad”] Last Friday, as I was hosting the weekly dip-spit distance shot organizing…
It was bound to happen sooner or later… Mary Pat Gallagher of the the NJ Law Journal reports here (subscription required) that two NJ defense lawyers face ethics charges after their paralegal allegedly friended an attorney-represented plaintiff in a personal injury case. Details on the allegations and some takeaways for…
In Mann v. Staples, Inc., a female employee received unwelcome comments about her appearance and physique, was kissed and groped, and called a “skank ass bitch.” The New Jersey Superior Court, Appellate Division, described this as a “pattern of systemic sexual harassment” — one in which the alleged harasser appeared…
I just re-read yesterday’s blog drivel. What the hell was that?!? As much as I do love the two great tastes that taste great together, that was an utter FAIL and I vow never to incorporate Reese’s Peanut Butter Cups into a blog post again. Unless, of course: (a) a…
What if I told you that a female black employee was called “monkey” and “nappy head Raggedy Ann” at work? What if I then told you that the employee subsequently sued in New Jersey state court; quite possibly the most plaintiff-friendly jurisdiction in the U.S. — next to California? And…
In the world of Human Resources, “hire slow, fire fast” generally holds true to avoid just about any lawsuit. Unfortunately, for one NJ employer, it didn’t get the memo. And now it finds itself having to defend against FMLA interference and retaliation claims at trial. What did this employer do…
Want another reason not to enter into a long-term contract with an employee? Click through… * * * Most employment arrangements in the United States are at-will. That is, the employee may be fired (or may quit) at any time for any reason. Conversely, a term employment agreement is for…
You’re looking to hire a new salesperson. Scott Salesperson comes in to interview. He currently works for your top competitor. “Scott, do you have a non-competition agreement?” “No.” “Scott, do you have a confidentiality agreement?” “No. In fact, I have a list of my own customers that I could sell…
One of my favorite reads on NJ employment law is Ogletree Deakins’s New Jersey eAuthority. The June 2012 issue highlights several pieces of legislation now pending in NJ of which employers should take note. I’ve summarized four of them after the jump… * * * Severance yes, unemployment compensation…