The Third Circuit has reversed a trial court’s decision that dismissed a sexual harassment lawsuit because the plaintiff employee never complained directly to her employer. The decision is causing employment attorneys across the country to question the continued viability of the Faragher-Ellerth defense, which permits employers to avoid liability for sexual harassment…
The United States has historically been plagued by systematic employment discrimination based on protected characteristics that often take the form of unjustifiable wage disparity. The Diane B. Allen New Jersey Equal Pay Act attempts to curb this practice in New Jersey by placing strict regulations in situations where employers pay…
The United States has been slowly progressing towards equity when it comes to employment policies that outlaw gender, disability, and other types of discrimination. Despite this advancement, there are a few areas that have shown reluctance to moving forward. One such industry is that of professional sports. As a result…
As reported by Asbury Park Press, a Holmdel High School student is claiming that school officials prohibited her from coming on to the stage to receive her high school diploma during last week’s graduation ceremony. The incident has sparked outrage from some in the community concerning the school’s lack of…
Two recent New Jersey court cases further demonstrate that unlawful workplace harassment can occur in any industry, at any level, targeting employees of all demographics. Despite this fact, some workplaces are more susceptible to experiencing harassment than others. One such industry is the restaurant and hospitality industry. According to a…
A new legislative bill has been introduced that would dramatically change New Jersey state law concerning restrictive covenants and non-compete agreements. Bill A1769 is intended to protect New Jersey employees in securing new employment while also taking into consideration the legitimate protectable interests some employers have in restraining certain employees’…
The United States Supreme Court has ruled against a gay couple in favor of a Colorado baker who refused to bake a wedding cake for their wedding in the case Masterpiece Cakeshop v. Colorado Civil Rights Commission. But lest people think that the Supreme Court was ruling on whether a…
Most people know that it is against the law for employers to not pay their employees their earned wages. But what if you are not an employee, but instead making a living as a freelance worker. Because freelance workers are not considered employees, the laws that require employers to pay…
The New Jersey Appellate Division has reversed the trial court’s dismissal of an out of state resident’s claim of age discrimination under New Jersey Law Against Discrimination. The decision is an important reminder to employers that New Jersey’s strong public policy to eradicate discriminate in all its ugly forms may…
The New Jersey Appellate Division has overturned a trial court’s decision dismissing a Somerset County detective’s whistleblower lawsuit that stems from complaints he made regarding improper evidence collection and casework by the forensic unit and his supervisor. The case was previously dismissed by the trial court who found that the…