You searched for: Human Resources Counseling & Compliance

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General Search Results:

• 05.31.2022

  Is There a Problem Officer?: NJ Appellate Division Affirms Dismissal of Retired Police Officer’s Disability Lawsuit
  On May 23, 2022, the New Jersey Appellate Division upheld a trial court’s dismissal of failure to promote, hostile work environment, and retaliation claims brought by a retired New Jersey State Police Trooper. In Stonnell v. State of New Jersey, the Appellate Division affirmed the trial court’s dismissal of the trooper’s New Jersey Law Against Discrimination (NJLAD) claims, finding that he failed to set forth facts sufficient to establish that the New Jersey State Police violated the law with respect to his employment.

• 05.26.2022

  Digital Walls Surrounding Speech on Social Media Crumble: NJ Appellate Division Upholds Employee Termination for Racist Facebook Posts
  On May 20, 2022, in McVey v AtlantiCare Medical System, the New Jersey Appellate Division Panel affirmed the dismissal of an employee’s case holding that her termination was not in violation of the protections afforded to speech. After losing her job for posting racist comments on social media, Plaintiff, Heather J. McVey, learned that freedom of speech, like all rights, is not absolute.

• 05.17.2022

  Dina Mastellone and Jennifer Roselle to Present "Clearing The Haze: Maintaining A Drug Free Workforce" Webinar for NJ CAR
  Firm Partners Dina M. Mastellone, Esq. and Jennifer Roselle, Esq. will present a webinar entitled, "Clearing The Haze: Maintaining A Drug Free Workforce" for the New Jersey Coalition of Automotive Retailers (NJCAR) on June 8th. 

• 05.02.2022

  Jennifer Roselle to Present Human Resources Legal Update Virtual Event for the Commerce and Industry Association of New Jersey
  Partner Jennifer Roselle, Esq. will present a "Human Resources Legal Update" virtual event for the Commerce and Industry Association of New Jersey on May 4th. 

• 04.28.2022

  Glass Houses: Hostile Work Environment Claim Dismissed Due to Employee’s Own Unprofessional Conduct
  On April 19, 2022, in Bouziotis v. Iron Bar, LLC, the New Jersey Appellate Division upheld a trial court’s dismissal of a former bartender’s hostile work environment and gender discrimination claims partly on the grounds that employee partook in the “pejorative language and boorish conduct pervading Iron Bar’s atmosphere,” just as much as anyone else, regardless of gender. Because the former employee could not show that the alleged misconduct occurred “but for [her] gender,” the Appellate Division upheld the trial court’s grant of summary judgment in favor of the employer.

• 04.25.2022

  Employer Documentation Saves the Day & Earns Dismissal of Age Bias Lawsuit
  On April 4, 2022, in the matter of Jane Rocks, et al. v. PNC Investments LLC, et al., a three-judge Appellate Panel affirmed the Superior Court’s grant of summary judgment in favor of PNC Investments LLC and dismissing the former employees’ claims of age discrimination, hostile work environment, and constructive discharge in violation of the New Jersey Law Against Discrimination (NJLAD). The Appellate Division found the employees were unable to demonstrate that they were held to higher standards due to their age.

• 03.08.2022

  NJ Appellate Division Upholds Requests, Not Commands, By Employers to Maintain Confidentiality in Employment Investigations
  On February 28, 2022, the New Jersey Appellate Division ruled that a request for confidentiality by an investigator in connection with a discrimination or harassment investigation is valid and does not violate an employee’s right of free speech or the New Jersey Law Against Discrimination (NJLAD). In Usachenok v. State of New Jersey Department of the Treasury, et al., the Appellate Division denied an attempt made by a former employee to invalidate a regulation by the State's Civil Service Commission requesting confidentiality in connection with a harassment investigation.

• 02.25.2022

  To Be Blunt: The NJLAD Does Not Bar Arbitration of Medical Marijuana User’s Employment Claims
  On February 15, 2022, the New Jersey Appellate Division upheld a trial court Order compelling arbitration of discrimination and wrongful termination claims brought by a former employee who was terminated for testing positive for marijuana. In a matter of first impression, the Appellate Division in Antonucci v. Curvature Newco, Inc. held that federal law governing arbitration preempts a 2019 amendment to the New Jersey Law Against Discrimination (NJLAD) invalidating employment agreements that require employees to waive certain rights, with respect to discrimination, retaliation, and/or harassment claims.

• 01.25.2022

  New York City Passes Law Requiring Salary Ranges in Job Postings
  A makeover is on the horizon for job postings in New York City. On December 15, 2021, the New York City Council passed new legislation relating to wage transparency on job postings. On January 15, 2022, New York City Mayor Eric Adams returned this bill without a veto, effectively passing it into law. The goal of the legislation was to reduce pay disparities affecting historically disadvantaged applicants, which follows a national trend.

• 11.19.2021

  New York’s New Electronic Monitoring Law Mandates New Disclosure Requirements for Employers
  It’s a new dawn of electronic monitoring in New York, as employers will soon be required to disclose the extent of their electronic monitoring of employees in the workplace. On November 8, 2021, New York Governor Kathy Hochul signed a new law amending New York State’s Civil Rights Law requiring all private employers that conduct business in the State of New York, regardless of size, to provide notice to employees of electronic monitoring of telephone, email, and internet access and usage.

• 11.17.2021

  Governor Hochul Expands The New York Paid Family Leave Act To Cover Siblings With A Serious Health Condition
  This is the first blog in a series covering New York’s Recent Expansions Of Its Employment Laws. Governor Hochul recently expanded New York’s Paid Family Leave Act by amending the definition of family to include siblings. Siblings under the amendment covers both biological and adopted siblings, half siblings, and step-siblings. This amendment will allow employees time off to care for siblings with a serious health condition. Employers have time to comply, as this amendment does not become effective until January 1, 2023.

• 11.05.2021

  Katherine Stuart and Daniel Pierre to Present at Rutgers Business School's Annual Human Resources Legal Workshop
  Associates Katherine E. Stuart, Esq. and Daniel Pierre, Esq. will present at Rutgers Business School's Annual Human Resources Legal Workshop on Friday, November 5th.

• 09.29.2021

  Dina Mastellone Interviewed on The Lawyers Edge Podcast
  Dina M. Mastellone, Esq., firm Partner and Human Resources, Counseling & Compliance Practice Chair, was recently featured on The Lawyer’s Edge podcast for an interview focused mainly on whether or not the bar association is relevant today.

• 09.10.2021

  Dina Mastellone to Present "Workplace Investigations: Understanding Micro-Aggressions, Implicit Bias, and the Impact of Long-Term Virtual Workplaces on Employees and Workplace Cultures" Webcast
  Partner Dina M. Mastellone, Esq. will participate in a webcast for the New Jersey State Bar Association entitled "Workplace Investigations: Understanding Micro-Aggressions, Implicit Bias, and the Impact of Long-Term Virtual Workplaces on Employees and Workplace Cultures" on September 30th. 

• 07.06.2021

  NJ Supreme Court Issues A Grim Prognosis For Employers Facing Hostile Work Environment Claims
  After losing in both the trial and appellate courts, Armando Rios, Jr., an ex-Pharmaceutical Executive, managed to sway the minds of the Justices on the State’s highest court to revive his hostile work environment claim. Rios claimed his direct supervisor twice referred to Hispanics by a racial epithet thereby creating a hostile work environment. The lower courts held that two incidents are not severe or pervasive enough to constitute a hostile work environment and dismissed his case. A unanimous New Jersey Supreme Court, however, disagreed and reversed the lower court decisions.

• 06.24.2021

  NJ District Court Gives Employers Hope in the Fight Against FMLA Misuse
  On 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.

• 05.24.2021

  NJ Appellate Narrows the Road in Auto Dealership’s Sexual Harassment Case
  On May 18, 2021, in McBride v. Atlantic Chrysler Jeep, the New Jersey Appellate Division revived a Sales Consultant’s hostile work environment case against a car dealership after the Law Division previously dismissed it in the dealership’s favor. The employee claimed that she was terminated for rejecting her supervisor’s sexual advances and alleged the dealership was vicariously liable for the supervisor’s conduct. The trial court granted the dealership’s motion for summary judgment. On appeal, the Appellate Division overturned the trial court’s decision and sent the case back to the Law Division to proceed to trial.

• 05.20.2021

  The Devil is in the Details: NJ District Court Demands Details of Sexual Harassment to Defeat Motion to Dismiss
  On April 12, 2021, the New Jersey District Court for the District of New Jersey in Spence v. New Jersey, et al., granted in part and denied in part a motion to dismiss an employee’s sexual harassment and retaliation claims under Title VII of the Civil Rights Act of 1964 (Title VII) and the New Jersey Law Against Discrimination (NJLAD). The employee claimed she was sexually harassed by her co-worker and that her supervisors took retaliatory action against her for reporting the alleged sexual harassment. The District Court found that the employee failed to sufficiently plead her sexual harassment claim for lack of pervasive harassment, and in part failed to sufficiently plead her retaliation claim for lack of temporal proximity.

• 04.07.2021

  Genova Burns Now Offers On-Line & On-Demand Discrimination and Harassment Training
  Genova Burns has developed its online sexual harassment/#MeToo, discrimination and harassment prevention training based on its years of live training experiences and day-to-day counseling employers on these issues.

• 03.24.2021

  New Jersey Supreme Court Provides Guidance On The Expansive Scope Of The Pregnant Workers Fairness Act
  On March 9, 2021, the New Jersey Supreme Court issued its first published decision addressing the New Jersey Pregnant Workers Fairness Act (PWFA), the amendment to the New Jersey Law Against Discrimination that protects pregnant and breastfeeding employees from workplace discrimination.

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