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Lindabury, McCormick, Estabrook & Cooper, P.C.

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Unfair Labor Practice Charges Dropped By Employees Allegedly Threatened For Social Media Posts

As part of a recent labor contract deal between the nurses’ union and Meridian Health in New Jersey, the union agreed to withdraw an unfair labor practice charge filed with the National Labor Relations Board (“NLRB”) alleging Meridian unlawfully threatened nurses who posted social media messages in support of the…

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Religious Garb in the Workplace and the Potential For Employer Liability

Title VII of the Civil Rights Act of 1964 requires employers to make reasonable accommodations for employee’s religious practices, including religious garments. In an 8-1 ruling, the United States Supreme Court recently decided an employer may be liable for religious discrimination if its hiring decision was motivated by the applicant’s…

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Employers Who Implement Effective Sexual Harassment Policies Can Avoid Vicarious Liability

In its recent landmark decision in, Ilda Aguas v. State of New Jersey, No. A-35-13 (Feb. 11, 2015), the New Jersey Supreme court broke new ground in the law of sexual harassment with an opinion that can be viewed as a victory for both employers and employees.  For employers, the…

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New Jersey Supreme Court Adopts Narrow Test for Determining Independent Contractor Status Under NJ Wage and Hour Laws

To avoid the costs inherent in the employer-employee relationship, including employee benefits, workers compensation insurance, employment taxes and other liabilities, many employers secure the services of an independent contractor to avoid these liabilities.   There are significant risks with this approach, however.  An employer who misclassifies a worker as an “independent…

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Appellate Division Extends New Jersey Law Against Discrimination to Divorcing Employees

The New Jersey Law Against Discrimination (“LAD”) has long prohibited discrimination against individuals on the basis of their “marital status,” barring employers from considering an individual’s status as married or unmarried in making any employment decisions.   In the recent case of a New Jersey appeals court recently examined the scope…

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What To Do When the OSHA Inspector Appears

Sooner or later, your facility will be the subject of an inspection by the Occupational Safety and Health Administration (“OSHA”). OSHA usually does not provide any advance notice of these inspections (which always seem to occur at the “wrong” time). Nevertheless, how facility representatives handle themselves can directly influence the…

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New NLRB Report Stymies Employers’ Efforts to Reign in Employee Social Networking Activities

The prevalence of social media in today’s workplace is undisputed. With the lack of discretion often displayed on social media sites such as Facebook, it is no wonder employers seek to control inappropriate employee communications and the unauthorized dissemination of confidential employer information through policies restricting employee social networking activities.…