Employers who take proactive measures and engage in an interactive process with their employees could avoid liability in disability discrimination lawsuits. One recent case, Grau v. AHS Hospital, Docket No.: A-3959-15T1, sets forth a good model of how employers should approach an employee’s demand for disability accommodation for purposes of…
Lindabury’s Labor and Employment Law partner, John H. Schmidt, was interviewed by New Jersey Business Magazine‘s Editor-in-Chief Anthony Birritteri for the article published in the May 2017 issue. Their discussion focused on the fine lines of major issues employers face regarding diversity and discrimination in the workplace and in the…
Although it is presently illegal under the New Jersey Law Against Discrimination (the “LAD”) to pay people different wages for performing the same work under similar working conditions because of their gender, there is currently pending in both the State Senate and Assembly legislation “concerning equal pay for women and…
By now, most employers had already implemented or were posed to implement the United States Department of Labor’s (DOL) new overtime rules aimed at swelling the ranks of employees eligible for overtime payments. The rule increased the salary threshold to qualify for the executive, administrative or professional overtime exemptions from…
Earlier this month, the New Jersey State Assembly reviewed Assembly Bill 4119 (“A-4119”), which would amend the New Jersey Law Against Discrimination to prohibit employers from seeking compensation history from prospective employees. The purpose of A-4119 is “to strengthen protections against employment discrimination and thereby promote equal pay for women[.]”…
As the State legislature continues to debate the merits and the provisions of a comparable state law governing paid sick leave, Morristown has moved forward. Morristown now becomes the 13th municipality in New Jersey to adopt a paid sick leave ordinance that is applicable to all non-union, non-governmental employers operating within…
THE FOURTH QUARTER OF 2015 saw two striking pronouncements on criminal prosecutions and civil actions against individuals. The first, referred to unofficially as the “Yates Memo,” came in the form of new guidance to the Department of Justice (DOJ) and all United States attorneys on individual accountability. The second came in the form of a memorandum…
On May 11, OSHA promulgated a new regulation imposing additional reporting requirements on employers. All non-exempted employers are already require to report information on work related illnesses and injuries to OSHA on paper forms, however, the new rule requires that certain submissions now be made electronically. The newly promulgated regulation…
The federal Fair Labor Standards Act (FLSA) mandates that employees be paid one and one-half times their standard hourly rate of pay for all hours worked in excess of 40 hours in a given workweek. There are several exceptions to that overtime requirement, including an exemption for “white collar workers”…
In light a recent decision of the New Jersey Superior Court, Appellate Division, in Sheridan v. Egg Harbor Township Board of Education, it certainly is. The Facts: Barbara Sheridan, an obese individual, was employed for eight years as a custodian by Egg Harbor Township Board of Education (the “Board”). After…