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Since taking office, New Jersey Governor Phil Murphy has committed to battling worker misclassification, i.e., treating employees as independent contractors. Misclassifying employees as independent contractors can deprive workers of wages and benefits and also have tax ramifications too. Continue reading

I warned — didn’t I? — you that President Biden was preparing to tell the Federal Trade Commission to either ban or curtail private employers from using non-competition agreements. Continue reading

When an employee sues for retaliation after complaining about discrimination, he must prove that he suffered “a materially adverse action” for doing so. Usually, that amounts to discharges, demotions, refusals to hire, refusals to promote, and reprimands.

But, how about a manager making faces? Continue reading

Last week, I read the news that Sha’Carri Richardson, one of the favorites to win Olympic gold for the United States in the women’s 100-meter dash, was suspended for a month for testing positive for marijuana. As a management-side employment lawyer, I’ll admit that my initial reaction was that she broke the rules and deserved the discipline associated with the infraction.

Then, I thought to myself, that is a really dumb rule. Continue reading

I hate the New York Yankees. So, it is with deep-seated loathing that today’s blog post not only features the Evil Empire but casts the organization in a positive light.

Whatever. They’re still in fourth place in the AL East. Continue reading

Supreme Court of the U.S. Building

Marielam1, CC BY-SA 4.0, via Wikimedia Commons

Last year, the Supreme Court ruled 6-3 in Bostock v. Clayton County that an employer who fires an individual merely for being gay or transgender has discriminated based on sex in violation of Title VII of the Civil Rights Act of 1964.  Yesterday, the Supreme Court declined to address the Fourth Circuit’s decision in G.G. v. Gloucester County School Board, where the appellate court ruled that under Title IX of the Education Amendments Act of 1972, transgender students may use the bathroom that corresponds to their gender identity. Otherwise, the school is discriminating based on sex.

While Bostock has nothing to do with bathrooms and G.G.  has nothing to do with the workplace, I think you can see where I’m going here.

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“Doing What’s Right – Not Just What’s Legal”
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