The Third Circuit Trails SCOTUS and Eliminates the Heightened Standard for Discrimination Claims by Majority Plaintiffs
At this point, it is likely that most (if not all) employment law specialists are familiar with SCOTUS’ landmark ruling in Ames v. Ohio Dept. of Youth Services, which unanimously struck down the “Background Circumstances Rule” under Title VII of the Civil Rights Act of 1964 (“Title VII”). The Background Circumstances Rule has historically imposed […]
NEW JERSEY SUPREME COURT EXPANDS DEFINITION OF “WAGES” TO INCLUDE “COMMISSIONS” UNDER THE NEW JERSEY WAGE PAYMENT LAW
On March 17, 2025, the New Jersey Supreme Court (in a unanimous decision) held that “commissions” are considered “wages” and protected under the New Jersey Wage Payment Law (“WPL”). N.J.S.A. 34:11-4.1 to 4.15. Case Background Plaintiff, Rosalyn Musker, worked for Suuchi, Inc. (since acquired by IgniteTech) selling software subscription packages to apparel manufacturers. In response […]
SCOTUS LOWERS THE BAR FOR EMPLOYEES FILING TITLE VII LAWSUITES RELATED TO JOB TRANSFERS
On April 17, 2024, the U.S. Supreme Court in Muldrow v. City of St. Louis, held that to succeed in a Title VII suit alleging a discriminatory job transfer, an employee does not need to have suffered a significant harm as a result of the transfer. The case was initiated by Sergeant Jatonya Clayborn Muldrow […]
ATTENTION NEW YORK EMPLOYERS: ARE YOU PAYING MANUAL WORKERS ON A TIMELY BASIS?
“Pay frequency” lawsuits have become a cottage industry in New York in recent years. The trend began following the 2019 Appellate Division decision in Vega v. CM & Assoc. Constr. Mgmt., LLC, in which the court held that workers have a private right of action for claims under New York Labor Law § 191 (“Section 191”). […]