As drastic changes to the U.S. Postal Service (USPS) result in mail delivery delays, some postal workers have chosen to speak publicly about how these changes are impacting their work environment. Given the highly-politicized news coverage of postal service changes leading up to what is expected to be a largely…
New Jersey Employment Lawyers Blog
Teacher Requests for Leave Are Forcing Some Schools to All-Remote Learning
As schools scramble to figure out how best to reopen in a couple of weeks, with many opting for a fully remote start to the school year, teachers in some districts are faced with an all too familiar problem for working parents. How will they manage teaching in person and…
A Long Way To Go: NJCASA Releases Report on Sexual Harassment in New Jersey Politics
This month the New Jersey Coalition Against Sexual Assault (NJCASA) released its report, “It’s Everywhere, It’s Everything: The Report of the New Jersey Coalition Against Sexual Assault’s 2020 Survey on Misogyny & Sexual Misconduct in New Jersey Politics.” The report publishes survey results received from employees within New Jersey’s political…
Federal Bill Introduced to Protect Primary Caregivers From Workplace Discrimination
On June 5, 2020, new federal legislation was introduced that would protect family caregivers from workplace discrimination. Introduced by United States Senator Cory Booker (D-NJ), the Protecting Family Caregivers from Discrimination Act would make it unlawful for an employer to (1) fail or refuse to hire an applicant because of…
Questions Arise as to Whether Employers Will be Able to Enforce Arbitration Agreements in Employment Contracts When it Comes to Harassment, Discrimination and Retaliation
A New York State trial court recently ruled that the arbitration clause in an employment contract requiring an employee to submit to binding arbitration for claims against her employer, including sexual harassment claims, was unenforceable following amendments to New York State’s Human Rights Law in 2018. The decision creates a…
Even Negotiations In Good Faith Will Not Protect an Employer Who Fails to Promptly Rehire an Active Duty Military Service Employee Upon Return From Deployment
A recent legal decision highlights the swiftness with which employers must rehire employees returning from active military duty. In Harwood v. American Airlines, the United States Court of Appeals for the Fourth Circuit found that a delay of six or eight weeks was too long after the end of active military duty…
Amazon Must Defend Itself Against Allegations of Wage and Hour Laws Violations Against New Jersey Employees
On June 29, 2020, the U.S. District Court for the District of New Jersey ruled that consumer goods giant, Amazon, must defend itself in a class action lawsuit brought by warehouse employees claiming violations of wage and hour laws arising from Amazon’s mandatory post-shift security screenings. According to the Complaint,…
The Duty to Mitigate Damages Applies to All Litigants: Even NFL Coaches
As those of us who are Rutgers football fans know, finding a winning head coach can be very difficult. Unfortunately, the Rutgers football head coach position has become available three times in the past eight years, which means three expensive and time consuming job searches. While there are always a…
The Families First Coronavirus Recovery Act Covers Leave for Closed Summer Camps
For many working parents, school closures across the State of New Jersey since mid-March have posed insurmountable challenges as families attempt to manage work obligations with remote schooling and closed childcare centers. Now that the school year is over for most students and many summer camps are shuttered or running…
Smith Eibeler Applauds Middletown North Valedictorian Jada Tulloch for Her Courageous Exercise of First Amendment Rights
The recent highly publicized deaths of George Floyd, Breonna Taylor and Ahmaud Arbery, among others, have cast a spotlight on race relations across the United States. Supporters of the Black Lives Matter movement in many cities have taken to the streets in protest of police brutality and systemic racism. In…