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…
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 denied a company’s attempt to enforce an arbitration provision in its employee contract because it waited too long to do so after being sued:
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:
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 have two recent cases and two different answers — depending on whether you are in state or federal court, plus some general accomodation tips for employers after the jump…
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. During our discussion, I mentioned another case — this one called Stengart v. Loving Care Agency — in which the NJ Supreme Court held that an employee who emails her attorney from a company computer may have a reasonable expectation of privacy in those emails provided that the employee uses a password-protected web-based email account.
Ah, serendipity! The following day, I read about another case decided last week in which the NJ Superior Court reaffirmed that many employee emails are not private. More on this case and a best practice for employers after the jump…
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 the NJTSA into law. The new law provides for both legal relief (damages for actual loss an unjust enrichment, punitive damages, attorney’s fees) in the event of an actual misappropriation of trade secrets, and injunctive relief should there be an actual or threatened misappropriation.
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…
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 about a police officer – slash – ambulance driver who started a high-speed ambulance chase to serve a restraining order on a co-worker’s ex-boyfriend and then…
Yeah, just hit the jump…
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. Morgan Chase & Co., N.A., “an agreement to arbitrate statutory anti-discrimination claims must be specific enough to put the employee on notice of the claims encompassed.” However, “an arbitration clause need not specify every conceivable statute that it covers.”
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 with the EEOC. If a potential new employer comes calling from a job reference and I…
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