For anyone who works in a public school, an allegation of child abuse leading to an investigation by the Department of Children and Families (“DCF”) is an occupational hazard. For decades, the law regarding the prevention of child abuse and neglect (N.J.S.A. 9:6-8.10)...

Courts have long struggled with how to strike the proper balance between protecting employer’s rights and protecting employee free speech. Over time that conflict has generally evolved to narrow the field of protected employee speech. However, two recent Third Circuit...

September 5, 2019

On August 6, 2019, New Jersey signed the Wage Theft Act (WTA) into law, which is considered by many to be one of the most – if not the most – comprehensive laws in the United States on the topic. The WTA corresponds with the passage of the State’s new minimum-wage law...

July 25, 2019

In the wake of the #MeToo movement, New York passed legislation - Section 7515 - which is comprised of six subparts, all addressing sexual harassment. Specifically, Section 7515(b) prohibits contracts that require parties to submit to mandatory arbitration to resolve a...

Is the requirement that plaintiffs raising claims under Title VII - the Federal anti-discrimination statute – file with the EEOC prior to bringing their claims in federal court “jurisdictional”? In Fort Bend County, Texas v. Davis, the Supreme Court of the United State...

May 22, 2019

Firm Partner, Colin M. Lynch, Esq,  was approved as the new Treasurer of the Labor and Employment Section of the New Jersey State Bar at its 2019 Annual Meeting.  Mr. Lynch previously served as the Labor and Employment Section's Recording Secretary.  At the meeting, Jo...

On April 30, 2019, the New Jersey Supreme Court held for the first time that when school employers allocate hours to part-time educational employees in positions whose hours fluctuate, preference must generally be given according to tenure and seniority status in assig...

On March 18, 2019, Governor Murphy signed Senate Bill No. 121 into law, which is also referred to as the #MeToo Bill.  Exempting collective bargaining agreements, it provides that employment contracts cannot waive an employee’s rights under the LAD (which includes a ri...

On January 18, 2010, the New Jersey Compassionate Use Medical Marijuana Act (CUMMA), N.J.S.A. 24:6I-1 et seq., was signed into law to protect from arrest and other penalties patients who use marijuana to alleviate suffering from debilitating medical conditions, as well...

March 12, 2019

On February 4, 2019, Governor Phil Murphy signed a bill that gradually raises the minimum wage to $15 per hour by the year 2024. However, the law does include separate requirements for some sectors of the workforce, such as farmworkers, seasonal workers, tipped employe...

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