Every employee in the United States has obligations, but they also have rights. An employer commits the unlawful act of retaliation when they take revenge on an employee or worker for exercising their rights under the law. When this happens, the employee has the right...
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Employment Law
Can a New Jersey employer force their employees to get vaccinated?
The past couple of months have seen a surge in employers mandating vaccinations against Covid-19 for all of their employees nationwide. This trend has increased recently with the FDA’s approval of the Pfizer brand of vaccine. This has left many employees wondering...
How will changes to the Fair Chance Act affect employees?
In 2015, the New York Fair Chance Act (FCA) took effect. It required employers to provide applicants with a criminal conviction history a chance to respond to the decisions relating to refusing employment with their companies. The FCA’s primary purpose was to prevent...
When firing an at-will worker is an illegal act
Most jobs in New Jersey and other parts of the country are considered to be at will. This means that both employers and employees can terminate the working relationship at any time and for virtually any reason either with or without notice. Employees who sign...
EEOC gives employers the OK for vaccine mandates
U.S. employers now can mandate that employees receive a COVID-19 vaccine, according to recent guidance from the Equal Employment Opportunity Commission (EEOC). In a statement on the agency’s website on Friday, May 28, the EEOC said employers can require employees to...
New Jersey Pregnancy Discrimination Case Can Be Heard By Jury
The New Jersey Appellate Division has ruled, in Roopchand vs. Complete Care, et al, that a pregnant medical technician presented a prima facie case of pregnancy discrimination in her wrongful termination lawsuit when her former employer fired her for refusing to climb...
NY Court of Appeals Holds that Yoga Instructors Can Be Independent Contractors
I usually blog about New Jersey unemployment cases and determinations but there is an interesting case that was just decided in New York that is worth noting. Although the legal standard for entitlement to unemployment benefits differs between the states, both New...
Written Warning Could be an Adverse Employment Action under the NJLAD
The New Jersey Appellate Division recently held that a written warning, if part of a system of progressive discipline, may constitute an adverse employment action under the New Jersey Law Against Discrimination (“NJLAD”), which in turn could mean an employer could be...
Domino’s Pizza Sued for Wage and Hour Violation
As reported yesterday in the Cherry Hill Courier-Post, pizza company Domino’s is being sued in a proposed class-action lawsuit by delivery persons in South Jersey who claim they are not being paid the required minimum wage. The plaintiffs contend that Domino’s does...