Any woman who returns to work after a pregnancy understands how challenging it can be. For mothers who choose to breastfeed, returning to work presents an additional layer of complexity. Figuring out how, when and where to express breast milk requires the cooperation of the employer, who all too often…
On March 18, 2019, Governor Murphy officially signed S-121 into law that makes any provision in an employment which waives any substantive or procedural right of an employee unenforceable as against New Jersey public policy. Under the new law, New Jersey employers will no longer be able to conceal the…
New Jersey maintains a strong public policy in protecting employees who speak out against the employer’s for engaging in unlawful business activities. The law recognizes that employers are responsible when they try to silence and hurt persons who oppose workplace conduct or activities that endangers people in the workplace and…
The rampant abuse of arbitration agreements, and the injustice that these agreements have created for employees, is finally being recognized and addressed. The Forced Arbitration Injustice Repeal Act, or “FAIR Act,” was introduced to the United States House of Representatives by Representatives Hank Johnson and Richard Blumenthal on February 28, 2019. …
There are various laws that protect pregnant women from workplace discrimination and that provide for pregnancy related leave from work. In fact, there are both federal and state laws that provide New Jersey employees the right to take pregnancy leave to give and recovery from giving birth. Each of these laws…
In a 2015 case entitled Aguas v. State of New Jersey, the New Jersey Supreme Court adopted the federal standard regarding employer liability for workplace sexual harassment. For the first time, the New Jersey Supreme Court held that an employer can avoid liability in situations where the workplace sexual harassment…
FOR IMMEDIATE RELEASE TRENTON (February 6, 2019)–Following is a statement from Katie Brennan in response to the findings of Peter Verniero’s inquiry into the vetting and hiring processes of the Murphy administration’s transition office: “It’s clear from the report that there was a lack of accountability and effective policies and…
It is not uncommon when a sexual harassment claim is filed for controversy to arise regarding who exactly is liable for the harassment. In 1993, the New Jersey Supreme Court held in the case ‘Lehmann v. Toys ‘R’ Us’ an employer may be liable if the sexual harasser was acting…
In the midst of a national discussion regarding sexual harassment in the workplace, the laws prohibiting such egregious behavior as well as the methods of reporting and investigating related complaints have come under scrutiny. Many businesses across the country are reviewing their anti-harassment policies to become legally compliant and limit…
Smith Eibeler, LLC, on behalf of our client, Katherine Brennan, has filed an Order to Show Cause For Temporary and Preliminary Restraints against the State of New Jersey (hereinafter, the “State”), from (1) enforcing the “strict confidentiality directive” found in N.J.A.C. 4A:7-3.1(j) against Ms. Brennan and any witnesses in the EEO/AA investigation…