By Bruce Atkins | Published May 30, 2023 | Posted in Employment Law, Harassment | Tagged Tags: New Jersey Law Against Discrimination, nondisclosure agreements, sexual harassment, Speak Out Act | Comments Off on How the Speak Out Act Curtails the Use of NDAs Relating to Sexual Harassment
How the Speak Out Act Curtails the Use of NDAs Relating to Sexual Harassment
The MeToo movement has succeeded in exposing, in vivid detail, the ways in which powerful people committed acts of sexual harassment, sometimes for decades, without suffering consequences. The perpetrators of these acts were often the victims’ bosses or others in positions of authority. As such, victims who agreed to monetary settlements instead of taking legal Read More
Read MoreNew Jersey Bill Targets Artificial Intelligence Discrimination in Hiring
The use of artificial intelligence tools in the modern workplace has sparked all sorts of reactions, from people warning that AI will replace white collar workers to people urging workers to think of AI as a job aid they can use to become more productive. But one of the questions for lawmakers right now has Read More
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Proposed FTC Rule Would Ban Most Non-Compete Agreements
Non-compete agreements limit employees’ options after they leave a job. Sometimes the non-compete might have a geographic restriction, stopping an employee from working within a certain radius or in nearby cities or counties. Other times, the contract might prevent an employee from working for specific competitors or in certain lines of business. The intent of Read More
Read MoreNJ Whistleblower Law May Apply to a Company’s Out-of-State Employees
New Jersey’s Conscientious Employee Protection Act (CEPA) was described as the nation’s “most far reaching whistleblower statute” when it was enacted in 1986. The purpose of CEPA is to protect whistleblowing activities that benefit the health, safety and welfare of the public by giving employees protection when they report their employers’ unlawful conduct. It protects Read More
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Refusal to Hire Based on Immigration Status Is Illegal Discrimination
Among the many hurdles faced by immigrants to the U.S., getting a desirable job can be one of the biggest. Companies of all sizes and across various industries sometimes exhibit prejudice against hiring foreign-born workers, even those whose employment is authorized by law. However, it is illegal for employers to discriminate against job candidates or Read More
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What Is “Unwelcome Conduct” That Can Create a Sexually Hostile Workplace?
A hostile work environment is a type of sexual harassment that occurs when an employee is subjected to unwelcome verbal or physical conduct that is so severe or pervasive that a reasonable person would find the workplace intolerable. Typically, the unwelcome conduct must be persistent and repeated. However, in New Jersey, a single incident can Read More
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NJ Employers Can’t Discriminate Based Solely on Positive Cannabis Testing
Recreational use of cannabis was legalized in New Jersey in 2021. For the first year or more, there was some uncertainty regarding how employers could treat employees who tested positive for cannabis. In September 2022, the NJ Cannabis Regulatory Commission (NJ-CRC) provided some welcome updates about employers’ regulation of marijuana use in the workplace. It Read More
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What’s New in New Jersey Employment Law in 2023
Several new employment laws either came into effect or will go into effect in the first few months of the new year. Most of the new laws benefit employees in New Jersey, including modest minimum wage increases across all industries and enhancements to compensation and protections for employees facing mass layoffs. As of January 1, Read More
Read MoreHow Can You Prove a Case of Sexual Discrimination at Your Job?
Federal and state laws prohibit workplace discrimination based on sex, gender and orientation, requiring employers to treat everyone equally when it comes to interviewing, hiring, paying, promoting, disciplining and firing. Title VII of the federal Civil Rights Act and New Jersey’s Law Against Discrimination (NJLAD) also give victims of discrimination the ability to hold employers Read More
Read MoreWhat Remedies Do You Have if Your FMLA Rights Are Violated?
The federal Family Medical Leave Act (FMLA) gives many employees the right to take up to 12 weeks of unpaid leave per year to take care of their own serious medical conditions or those of family members. However, employers sometimes fail to comply with the FMLA by disallowing leave, by cutting the pay of employees Read More
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Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for his…
Bruce L. Atkins is regarded as one of New Jersey’s premier practitioners of employment and civil litigation. He has been selected to the New Jersey Super Lawyers prestigious list every year since 2005. This honor, bestowed upon a recipient by the votes of his peers, is a powerful nod to the skill Mr. Atkins brings…
Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015. He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters. He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict in…
Diane Englander Peyser joined Deutsch Atkins & Kleinfeldt, P.C. in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins & Kleinfeldt, P.C., Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination, disability…
Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), the…
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5.0/5.0I don’t usually write many reviews, but in early 2021 I was asked if I wanted to write an update to my initial review talking about my experience as a client, so I said “yeah I want to talk, but for just a minute.” After a long and voluminous l...
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5.0/5.0
Diane Englander Peyser and Bruce Atkins provided extensive subject matter knowledge and guided us through very complicated legal system; resulting in positive outcome that we could not have achieved on our own. Great office atmosphere with friendly a...
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5.0/5.0
I am extremely satisfied with my experience with Duetsch Atkins & Kleinfeldt law firm. Diane Peyser was always attentive with any questions or concerns I had during my case. I always felt like I was her number one priority when I needed her during t...
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5.0/5.0
I am grateful to Bruce and his firm for his professionalism and guidance. His experience and calm demeanor really helped me through a tough case. He settled it very quickly which allowed me to put it behind me and move on. I highly recommend Bruce.
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5.0/5.0
Having been a litigation attorney myself, I've seen it all from the "inside". I know that far too many lawyers care only about profit and have very little interest in the actual law or their clients. So I was very careful in selecting an attorney t...
