On September 26, 2024, the State Assembly passed a Bill (A3505) expands the circumstances under which family leave can be taken under the New Jersey Family Leave Act to include “bereavement” leave for parents who suffer the death of a child or failed adoption. Under an amended law, an employee…
The New Jersey Supreme Court issued a decision today invalidating a state employment regulation that required state workplace investigators to request victims and witnesses in harassment investigations to keep all aspects of the investigation confidential. The Court held that the challenged regulation, N.J.A.C. 4A:7-3.1(j), was unconstitutionally overbroad and struck the…
The Superior Court of New Jersey, Appellate Division, recently authored a significant ruling that reaffirmed and strengthened the resolve of New Jersey’s whistleblower law, the Conscientious Employee Protection Act (“CEPA”). In Halliday v. Bioreference Laboratories, Inc., a Texas based employee, Halliday, of a New Jersey Company, Bioreference Laboratories, Inc. (“BLI”),…
Last week, in the case of East Bay Drywall, LLC v. Department of Labor and Workforce Development, the State Supreme Court upheld a determination by the Commissioner of the Department of Labor and Workforce Development (DOL) that a drywall company had been misclassifying employees as independent contractors for several years,…
New Jersey’s Law Against Discrimination provides some of the strongest protections against unlawful workplace discrimination against individual members of protected classes such as race, gender and sexual orientation. Unfortunately, even with strict anti-discrimination laws and a state-wide push towards inclusivity, numerous instances of homophobic workplace discrimination and harassment continue to…
Employees within the Hudson County Prosecutor’s Office could face serious disciplinary action as a result of a workplace complaint investigation conducted by an outside law firm in response to unlawful employee conduct. The investigation was prompted by a series of offensive social media posts shared by Hudson County Prosecutor’s Office…
For the past year, employees have been undergoing medical screenings and answering questions about their personal health to gain access to their physical workplaces. Employers can lawfully request their health status or require them to take leave from work if they appear to have symptoms of COVID-19. Despite laws protecting…
Nationwide, courts have responded to COVID-19-related lawsuits and made novel decisions pertaining to cases arising from the failure to follow state and federal executive orders. Most recently, the New Jersey Superior Court denied a Defendant’s motion to dismiss for a lawsuit alleging assault and the infliction of emotional distress after…
The United States Court of Appeals for the Third Circuit held on July 29, 2021, that a white employee’s lawsuit against his former employer for workplace retaliation under Title VII could move forward. This decision is especially notable because it is the first time the Third Circuit has issued a…
As domestic travel numbers rise and airports are once again filled with travelers, airlines continue to struggle to comply with accommodations for travelers with disabilities. Most recently, a viral social media video by Bri Scalesse, who is wheelchair-bound, shows her horror and distraught emotion when informed that Delta Airlines severely…