By Neil H. Deutsch | Published October 15, 2023 | Posted in Employment Law | Tagged Tags: discrimination, Equal Pay Act, NJ LAD, Title VII | Comments Off on NJ Law Against Discrimination Can Apply to NJ Company’s Out-of-State Employee
NJ Law Against Discrimination Can Apply to NJ Company’s Out-of-State Employee
In a recent landmark ruling, a federal court has allowed an out-of-state employee to pursue a discrimination claim under New Jersey law. The ruling is the first of its kind in the state and has the potential to impact thousands of employees who work remotely for New Jersey-based companies. Although the case concerned claims of Read More
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Recognizing the Signs that You’ve Been Wrongfully Terminated
New Jersey is an at-will employment state, meaning that an employee can be fired for most any reason or for no reason at all. But there are exceptions to this general rule. Certain actions by employers can constitute wrongful terminations, for which employees can sue under state or federal law. Reading the signs that your Read More
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High Court Lightens Employees’ Burden of Proof in Religious Bias Cases
Freedom of religion is a constitutional right and faith is an important part of the lives of many Americans. For some of the particularly devout, religious duties and practices can impact their jobs in ways that might not be entirely consistent with their employers’ modes of operating. Employers are required to make reasonable accommodations for Read More
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A Discrimination Claimant’s Social Media Posts Are Subject to Discovery, But Only to a Point
Like millions of Americans, you might use social media frequently to relate news about social events or personal accomplishments, or just to comment on current affairs. Although you share these posts with a wide audience, you probably never think the material could one day become evidence in court. Yet, that is quite the possibility. In Read More
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New Federal Law Expands Protections for Pregnant Workers
Pregnancy poses special challenges for working women. If you’re a pregnant worker, you might need to change your work space, forego or modify some of your normal tasks or take off work for medical care. However, employers are not always willing to make all of the accommodations that may be needed. Fortunately, a new federal Read More
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How Remote Employees Can Be Subject to Online Sexual Harassment
Sexual harassment plagues workplaces across the country, from corporate offices to fast-food restaurants. Perhaps surprisingly, the transition to remote work prompted by the Covid pandemic has not abated the problem. Although lack of physical contact would seem to present fewer opportunities for one person to harass another, workers are often victimized by online sexual harassment. Read More
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NJ Appeals Court Expands Scope of Discrimination Law’s Ministerial Exception
State and federal laws protect employees from discrimination on account of their religion or other protected personal characteristics. However, there is a major exception. The U.S. Supreme Court in 2012 ruled that the First Amendment’s Free Exercise and Establishment Clauses prevent courts from applying anti-discrimination laws to religious organizations hiring or firing ministers. For example, Read More
Read MoreHow New Jersey’s Mini-WARN Act Protects Workers Facing Downsizing
Mass layoffs can hit workers at even the largest companies, whether as the result of economic conditions or mismanagement or both. Downsizing is worse still when it takes workers by surprise, leaving them no time to prepare for finding new employment. Federal and state laws are in place to ease the transition for workers in Read More
Read MoreWhat You Should Know About the New Jersey Temporary Workers’ Bill of Rights
Thousands of people are hired in New Jersey every year to work in warehousing, manufacturing, transportation and other fields — many by temp agencies who farm them out on a contract basis. Temp workers historically have been denied protections afforded to permanent employees, making them vulnerable to wage theft, unfair working arrangements and other abuses Read More
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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
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