The days of wage theft in New Jersey are coming to an end, thanks in large part to S1790, a bill passed by the Legislature in June 2019 and signed by the governor on August 6. “Wage theft” refers to the wrongful failure by an employer to pay wages or…
Many statutes that prohibit discrimination on the basis of disability also prohibit discrimination because of a person’s relationship or association with a person with a disability. For example, an employer would engage in an unlawful employment practice under one of these statutes if they terminate or otherwise take adverse action…
The New Jersey Law Against Discrimination (NJLAD) offers extensive protections against discrimination in the workplace and elsewhere. This includes factors like sexual orientation and gender identity or expression, which are not explicitly identified as protected categories under federal law or laws in many other states. Title VII of the Civil…
The “sharing economy” has brought significant changes, both good and bad, to many aspects of the job market. Rideshare companies, for example, give drivers flexibility in terms of when and how long they work, but this has come with disadvantages. Some rideshare drivers have sought the protection of employment statutes…
When a large number of individuals have similar claims against a defendant, federal and state law allow them to consolidate their claims into a single lawsuit. This is known as a “class action” in most circumstances. The Fair Labor Standards Act (FLSA) allows a claimant to bring a “collective action”…
A collective bargaining agreement (CBA) is a contract between a labor union, which is legally authorized to negotiate on the employees’ behalf, and the company that employs the union’s members. When ownership of a business changes hands, the new owner is only subject to all of the terms of an…
Federal employment anti-discrimination law identifies five protected categories: race, color, religion, national origin, and sex. Court decisions have added nuance to these categories, particularly with regard to sex discrimination. Most courts, in interpreting federal law, have been unwilling to extend the law’s prohibition against discrimination on the basis of sex…
The Resnick Law Group recently represented a teacher in a disability discrimination case at the New Jersey Superior Court, Appellate Division, and obtained a reversal of a lower court order dismissing the case. The teacher alleges that her employer’s failure to provide a reasonable accommodation for her disability caused her…
The Resnick Law Group recently won a notable victory for New Jersey employees related to a failure to accommodate an employee’s disability. This post discusses the legal background of the case, while a subsequent post will cover the court’s opinion. The New Jersey Law Against Discrimination (NJLAD) prohibits discrimination on…
The New Jersey Superior Court, Appellate Division has revived a lawsuit alleging employment discrimination on the basis of gender under state and federal laws. The plaintiffs allege that a set of “personal appearance standards” (PAS) maintained by their employer, an Atlantic City casino, discriminated on the basis of gender. They…