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New Jersey Employment Lawyers Blog

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Residency Requirement for Public Employees Receives Court Scrutiny

It is not uncommon for states or municipalities to require local residency for public employment. Proponents of residency requirements feel that they benefit the community because residents are more likely to have a strong commitment to the community, to pay local taxes, attend local schools and participate in community activities.…

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How Political Rhetoric Has Exacerbated Discrimination Towards Asian Americans During COVID-19 Pandemic

In January, during a television news interview, then President Donald Trump said about the novel coronavirus, “It’s one person coming in from China.” That one remark, seemingly a purely geographical description of the virus’ origin, became the starting point from which our former President attempted to shift blame from his…

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New Jersey to Consider Massive Reforms to Law Governing Employee Non-Competition Agreements

A proposed bill that would significantly limit New Jersey employers’ ability to prevent their employees from working with competing businesses will be considered by the New Jersey Assembly Labor Committee.  Proponents of the bill argue the new statutory framework will encourage innovation and production by eliminating the special hardships that…

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Sexual Assault At Women’s Prisons Violates the New Jersey Law Against Discrimination

“There’s a long and ugly history at Edna Mahan,” said New Jersey Attorney General Gurbir Grewal. He was referencing not only the January 11, 2021 attack in which prison guards wearing riot gear beat, pepper sprayed and sexually assaulted the female inmates housed at the Edna Mahan Correctional Facility for…

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Manchester HS Basketball Star Exercises First Amendment Rights In Response to BOE’s Attempt to Silence Her

In Manchester, a township in Ocean County, New Jersey where 92% of its approximately 43,000 residents are white, a star high school basketball player’s attempt to speak out against issues of race discrimination and inequity was shut down by the Board of Education. At the most recent Board meeting, star…

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New Jersey Grapples with the Appropriate Use of Sheltered Workshops for Disabled Workers

Statistics show people with disabilities in the United States are twice as likely to be unemployed than those without a disability. The issue has been exacerbated during the coronavirus pandemic, which has caused joblessness to rise and an increase of workplace disability discrimination. But underlying the conversation about getting people with disabilities back to…

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Court Revives Nurse’s Whistleblower Lawsuit Against Rutgers School of Biomedical and Health Services

The Appellate Division of the Superior Court of New Jersey has reversed a trial judge’s the dismissal of a whistleblower lawsuit brought by a former licensed nurse of Rutgers University School of Biomedical and Health Sciences, which used to be the University of Medicine and Dentistry of New Jersey (Rutgers).…

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The Persistent Problem of Sexual Harassment and Assault within the Military

Sexual harassment and assault against female members of the military remains a persistent problem that has rightfully received heightened attention in the last few years in the hope that it can be eradicated from all branches of our armed forces. Gender-based harassment and assault are prevalent in the world of veterans…

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New Jersey Court Rules that Liquidated Damages Available Retroactively for Pre-2019 Wage Payment Violations

Liquidated damages are a type of monetary compensation to which an injured party is entitled when a statute provides for this additional relief or when it is available under contract.  When liquidated damages are an available remedy under statutory law, the statute will generally provide guidelines to courts to help…

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Are Companies Improperly Using Force Majeure Provisions to Cheat Sales Reps Out of COVID-19 Commissions?

Employers are increasingly attempting to avoid having to pay sales employees their rightfully earned and owed sales commissions during the COVID pandemic. In many cases, a company has no legal basis to avoid paying sales representatives their earned commissions by unilaterally retroactively changing the terms and conditions of how sales…

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