The job requirements were… a lot: craft-beer exams, choreography, flair tricks, social media posts, and a “weight proportional to height” standard. Oh, and a mechanical bull. Eighteen longtime bartenders said the whole thing skewed younger. The court said their lawsuit had a more basic problem. Continue reading
Under basic contract law, yes. But thanks to the Ending Forced Arbitration Act, that may not be the end of the story. Continue reading
Performance improvement plans are often treated as neutral management tools. This case shows how quickly a PIP can become the centerpiece of a retaliation claim once an employee raises equity concerns. Continue reading
Whistleblower cases do not begin with evidence and proof. They begin with allegations. If those allegations are plausible, employers get forced into discovery. Under CEPA, that bar is very low. Continue reading
Governor Murphy just expanded the New Jersey Family Leave Act. It reads cleanly in the statute. It reads a little differently once you try to apply it to real people and real leave requests.
These amendments are not cosmetic. They expand coverage, accelerate employee eligibility, and formally connect NJFLA to New Jersey’s paid-leave system. For employers, this is a structural change in how leave has to be managed. Continue reading
At a moment when federal agencies are actively dismantling disparate impact enforcement as a policy matter, New Jersey just went in the opposite direction – loudly, deliberately, and in writing.
Last month, the New Jersey Division on Civil Rights finalized new rules that spell out how disparate impact claims work under the New Jersey Law Against Discrimination in the employment context. These rules do not create new liability. What they do is remove any remaining ambiguity about how neutral workplace policies will be judged under state law. Continue reading
Retaliation requires awareness. Without it, there’s no causal link—no matter how suspicious the timing may feel. A recent Third Circuit decision underscores a see-no-evil, hear-no-evil reality employers should understand. Continue reading
Sometimes the timing writes the headline for you. On October 31, a federal court in New Jersey decided a harassment case that involved an unforgettable Halloween costume and a reminder that bad taste is not always a legal violation. Continue reading
If you read my earlier post, you already know New Jersey’s new pay transparency law is here. Now the Department of Labor has proposed regulations that explain exactly how to comply. Continue reading
A performance review ended with a professor out of a job, and the employer defending itself in court. The problem? Remarks about maternity leave, inconsistent flexibility, and suspicious timing after a discrimination complaint. The appellate court said a jury should hear the case. Continue reading
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