04.21.2023NJ District Court Upholds Employee Termination After FMLA Leave On March 31, 2023, in LeBlanc v. Thomas Jefferson University, the United States District Court for the District of New Jersey granted an employer’s motion for summary judgment, dismissing a former’s employee’s allegations of discrimination and retaliation pursuant to the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and the New Jersey Law Against Discrimination (NJLAD).
03.28.2022New DOJ Guidance on ADA Web Accessibility Leaves Unanswered QuestionsOn March 18, 2022, the Department of Justice (DOJ) published web accessibility guidance under the Americans with Disabilities Act (ADA). The ADA is a federal civil rights law that prohibits discrimination against people with disabilities and guarantees that people with disabilities have the same ability as everyone else to enjoy opportunities, goods, and services. Although the new Guidance establishes the DOJ’s intentions to ensure websites are accessible to all, it leaves several unanswered questions on exactly how businesses and governments are to stay in compliance with the ADA.
06.24.2021NJ District Court Gives Employers Hope in the Fight Against FMLA MisuseOn May 28, 2021, the U.S. District for New Jersey in VanHook v. Cooper Health Systems, granted Cooper’s summary judgment against its employee’s discrimination and retaliation claims under the Family and Medical Leave Act (FMLA), the Law Against Discrimination (NJLAD), and the Americans with Disabilities Act (ADA). The District Court agreed with the employer that the record confirms the employee’s abusive and dishonest actions and granted the employer’s motion of summary judgment.
04.07.2021The Biden Administration’s Health Insurance PrioritiesThe Biden Administration wasted no time in implementing some of the new President’s campaign promises relating to health insurance and the Affordable Care Act (“ACA”).
11.24.2020Requiring the COVID-19 Vaccination at Work: Issues for NJ Employers to Consider When Developing a COVID-19 Vaccination ProgramWe have seen recent articles speculating on whether employers can require their employees to take an FDA-approved COVID-19 vaccination as a condition of employment or continued employment. Here, without giving any legal advice, for private (non-governmental) New Jersey employers, odds are that this type of employment rule will be permissible, with certain limitations, discussed herein.
03.13.2020OSHA Issues Pertaining to Coronavirus (COVID-19)The current Coronavirus Pandemic (“COVID-19”) presents many complex situations for employers and their respective workforces. While management is trying to navigate the maze of wage and hour issues, FMLA and ADA leave, remote workspaces, and childcare, they must also keep in mind their legal obligation to keep employees safe pursuant to the Occupational Safety and Health Act (“OSHA”). Genova Burns Partner, Douglas E. Solomon, Esq., comments on several important OSHA questions.
03.06.2020Coronavirus (Covid-19) - Practical and Fast Facts for Employer Planning As employers work on strategic plans for handling employment-related issues involving Covid-19, such as possible facility closings, tele-commuting, and employee leave/compensations issues, employers should keep in mind these fast facts.
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