Unfair treatment because of one’s language may be related to race or national origin discrimination. Indeed, language may be used as a covert basis for discrimination. But that’s not always so. A recent case and some helpful nuggets on English-only rules after the jump… In a recent NJ case, the…
Articles Posted in New Jersey
The risk of waiting to enforce arbitration agreements with employees
It was just last month that I blogged about arbitration agreement tips for PA employers from the 3rd Circuit. I hate to leave NJ employers out of the loop, so today’s post is for you. Last week, the NJ Superior Court, Appellate Division, in Cole v. Jersey City Medical Center…
Fact or Fiction: FLSA preempts state wage and hour laws?
That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post” d/b/a (just for today) “Eric’s 36th-Birthday Post”. *** Sigh *** Ahh…let’s get to today’s question: May an employee raise claims…
Distinguishing state & federal disability-accommodation claims
Let’s say you operate a business in NJ. Your disabled employee comes to you requesting an accommodation for his disability. Does the mere failure to provide that accommodation trigger a claim under the New Jersey Law Against Discrimination (NJLAD)? What about under the Americans with Disabilities Act (ADA)? I…
The so-called “privacy” of employee emails
Humblebrag alert. Reporters call me all the time. It’s a wonder that I can get any work done. Why, just last week, I was speaking to a reporter about an action recently initiated by current and former employees of the FDA, alleging that the agency unlawfully monitored their private emails.…
NJ officially adopts the Trade Secrets Act
As reported here in September, the State of New Jersey was recommending passage of the New Jersey Trade Secrets Act. Well, welcome to the party, pal. (Or is it Powell?). Last week, NJ became the 47th state to adopt a version of the uniform trade secrets act as Governor Christie signed…
Is it whistleblowing when your job is to report violations of the law?
That is the question that a former Starbucks employee is asking the NJ Supreme Court to answer. More on this case and what it could mean for actions asserted under NJ’s Conscientious Employee Protection Act (CEPA) after the jump… * * * *** No Snow White here. And if…
The curious case of a high-speed ambulance-chasing whistleblower
But before I get to that, did you know that The Employer Handbook turns one today? It’s true. Help me blow out the candle — hey, kid! Save some for the rest of us. Whatevs. Just click through because I’ve got a crazazy one for you. It’s a true story…
One blueprint for requiring employees to arbitrate FMLA claims
A NJ court recently held that a business can force an employee to arbitrate FMLA claims — even if the arbitration agreement that the employee signs does not contain a specific FMLA waiver. How does this all work? Well, according to the NJ Superior Court in Flores-Galan v. J.P.…
Fact or Fiction: Courts recognize retaliation against ex-employees
That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post”. So, let’s get right to today’s question: Let’s say I have a former employee who files a charge of discrimination…