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Is That Even Discrimination? New Jersey District Court Reiterates That Disabled Employees are not Immune to the Effects of Negative Job Performance
On April 13, 2020, the District Court for the District of New Jersey granted the employer’s Motion for Summary Judgment and dismissed an employee’s claim of disability discrimination in the matter of Rooney v. NVR Inc. The Court determined that Plaintiff failed to demonstrate that a genuine factual dispute existed to suggest that Defendant terminated his employment based on his disability.
Harris Freier to Participate on "Employment Law in the Age of COVID-19" Webinar Panel for NYSBA
Partner Harris S. Freier will participate on a webinar panel entitled, "Employment Law in the Age of COVID-19: Principles For Today and the Post-COVID World" for the New York State Bar Association next Thursday, May 27th.
Pennsylvania Employee Files Suit Against Former Employer for FFCRA Violations in the Wake of COVID-19
In one of the first lawsuits filed since the passage of the Families First Coronavirus Response Act (“FFCRA”), a Pennsylvania employee is claiming FFCRA interference and retaliation against her former employer, an airline headquartered in eastern Pennsylvania.
Back to Business New Jersey: Essential FAQs for Return-to-Work Planning
Now is the time for employers to formulate action plans for returning employees to the workplace. We have developed the following FAQ’s to guide the development of your return to work plan.
Pennsylvania Announces Further COVID-19 Safety Measures for Businesses, Including Mandated PPE and Employee Health Monitoring
On April 15, 2020, Pennsylvania Secretary of the Department of Health, Dr. Rachel Levine, signed an order “Directing Public Health Safety Measures for Businesses Permitted to Maintain In-person Operations,” which specifies social distancing, mitigation, and cleaning protocols for both employees and customers. The order is enforceable beginning on April 19, 2020, at 8:00 p.m.
It Takes Two to Tango: Third Circuit Reminds Employees of Their Reciprocal Obligations in the Interactive Process
On March 31, 2020, the Third Circuit Court of Appeals affirmed the District Court’s dismissal of discrimination, retaliation, and wrongful termination claims filed by an ex-accountant of a local board of health.
In the Wake of the COVID-19 Pandemic, New Jersey Expands Employee Leave Entitlements
On March 25, 2020, New Jersey Governor Phil Murphy signed S2304, amending the New Jersey Earned Sick Leave Law, the New Jersey Family Leave Act (“FLA”), and the New Jersey Temporary Disability Benefits Law (“TDL”). The amendments expand an employee’s ability to take leave and collect temporary disability benefits during epidemic-related emergencies.
New Jersey Division on Civil Rights (DCR) Releases COVID-19 FAQ's
On March 19, 2020, the New Jersey Division on Civil Rights (DCR) released a Guidance addressing frequently asked questions regarding the novel coronavirus (COVID-19). Specifically, the DCR addresses protections and obligations under the New Jersey Law Against Discrimination (NJLAD).
Key Employer Take-Aways from Long-Awaited Guidance on New Jersey's Equal Pay Act
On March 2, 2020, the New Jersey Division on Civil Rights (DCR) issued Guidance on the Diane B. Allen Equal Pay Act (Equal Pay Act) – the New Jersey law requiring employers to offer equal pay to employees performing substantially similar work.
A Measure of Control: Appellate Division Rules “Member-Owned Cooperative” Not Liable for Age Discrimination Claim of One Member’s Employee
A supermarket cooperative is not considered the employer of individuals who work for its member stores and cannot be found liable for the age discrimination claims of an employee of one of its members, the Appellate Division ruled last month in Dorrity v. Wakefern Food Corporation.
Appellate Division Again Reminds Employers: Don't Rush the Interactive Process, You've Made that Mistake Before
On December 6, 2019, the New Jersey Appellate Division in V. L. v. Hunterdon Healthcare et. al., reversed and remanded a trial court’s order dismissing an employee’s claims of disability discrimination and retaliatory discharge under the New Jersey Law Against Discrimination (NJLAD).
Natural Hair, Don't Care: New Jersey Bans Hair-Based Discrimination
On December 19, 2019, Governor Phil Murphy signed an amendment to the New Jersey Law Against Discrimination (NJLAD) banning discrimination against a person’s hairstyle or texture.
New Jersey Salary History Ban Takes Effect January 1
A reminder to New Jersey employers that the new law prohibiting employers from screening job applicants based on their pay history takes effect on January 1, 2020.
“What Goes Around, Comes Around” – A Potential Defense to Hostile Work Environment Claims Under the NJ LAD
On November 7, 2019, the U.S. District Court for the District of New Jersey in Paige v. Atrion Communication Resources, Inc., et al., considered a hostile work environment/sexual harassment claim under the New Jersey Law Against Discrimination (NJLAD) by a receptionist who alleged she was constructively discharged as a result of her supervisor’s conduct.
Legality of Workplace Rules Clarified by National Labor Relations Board
Employer Confidentiality and Media Contact Rules become Lawful
Discrimination Based on Reproductive Health Decisions Prohibited in New York
This new bill imposes increased responsibilities on employers statewide and evidences the State’s continued efforts in protecting employees’ rights and privacy regarding reproductive health decisions.
Appellate Division Affirms Suspension of Employee for Failure to Attend Mandatory Harassment Training
The New Jersey Appellate Division recently affirmed a decision of the Civil Service Commission imposing a ten-day suspension on a Mercer County Correction Center (MCCC) Officer for failure to attend mandatory harassment training.
New Domestic Violence Policy for All New Jersey Public Employers
On October 15, 2019, the New Jersey Civil Service Commission (“CSC”) distributed a uniform Domestic Violence Policy (“Policy”) which all New Jersey public employers must follow.
#15 of Genova Burns 30th Anniversary Countdown Narrative
As Genova Burns celebrates its 30th anniversary serving the legal needs of clients throughout New Jersey and across the Northeast, we will be counting down the top 30 legal cases, events and laws that have left a significant impact on society, business, politics, and lifestyle here in the Garden State.
Genova Burns to Present Controller & Office Manager Workshop for NJ CAR Academy
Genova Burns' Employment Law & Litigation and Human Resources Counseling & Compliance Practice Group attorneys to present a half day Controller & Office Manager Workshop for NJ CAR Academy.