Third Circuit Holds “Comparable” Paid Leave Available to Servicemembers As A Right And Benefit Pursuant to USERRA

By Kristine Ryan, Esq. The Uniform Services Employment and Reemployment Rights Act of 1994 (“USERRA”), one of several statutes benefitting veterans, prohibits civilian employers from discriminating against employees because of their military status.  USERRA does not require an employer to offer paid military leave of absence.  However, in a recent precedential decision, the Third Circuit […]

What is Garden Variety Emotional Distress Anyway? Understanding When a Plaintiff Places His or Her Physical or Mental Health at Issue in the Context of an Employment Litigation.

By Kegan Andeskie, Esq. It is generally accepted that a plaintiff who files a lawsuit places his or her mental and physical health in controversy by claiming emotional distress or physical damages, but at what point can a court require that litigant to produce or authorize the release of otherwise confidential medical records, or submit […]

NJ HIGH COURT CONFIRMS THE IMPORTANCE OF IDENTIFYING THE SPECIFIC CEPA PROVISION(S) UPON WHICH AN EMPLOYEE RELIES DURING THE COURSE OF LITIGATION. 

By Punam Alam, Esq., June 3, 2021 In a split opinion, the New Jersey Supreme Court ruled on May 21, 2021 that the trial court must re-evaluate an employee’s whistleblower claim because the plaintiff-employee did not articulate which statutory provision of CEPA she was relying on in summary judgment proceedings before the trial court. The case […]

Over 2,000 COVID-19 Related Lawsuits Filed in United States

Earlier this month, it was reported that the total number of COVID-19 related employment complaints filed in United States courts passed the 2,000 mark.  In fact, December 2020 through March 2021 have realized the most activity since the beginning of the pandemic. States with the greatest number of complaints filed are California (487), New Jersey […]

New Jersey Appellate Court Holds That Failing To Identify The Proper Arbitration Forum In An Arbitration Agreement Does Not Put Employers In A JAM(S) As To Its Enforcement

By Ryan Carlson, Esq., April 15, 2021 Most arbitration agreements identify the specific arbitration forum where an employee must bring a dispute. The Judicial Mediation and Arbitration Services (JAMS) and the American Arbitration Association (AAA) are household names when it comes to arbitration and the two most common forums employers identify to hear disputes arising […]

NJ Appellate Division Issues Latest Pro-Arbitration Ruling Requiring Former Re/Max Agent to Arbitrate Sexual Harassment Claims Brought under LAD

NJ Appellate Division Issues Latest Pro-Arbitration Ruling Requiring Former Re/Max Agent to Arbitrate Sexual Harassment Claims Brought under LAD By Lindsey Andreozzi, Esq., February 24, 2021 Earlier this month, the New Jersey Appellate Division issued a decision that will join the litany of New Jersey cases following the recent trend of liberally enforcing arbitration agreements. […]

COVID-19 Employment Lawsuits Climbing the Courts: Second Circuit to Hear Previously Dismissed Public Nuisance and Workplace Safety Claims Against Amazon

COVID-19 Employment Lawsuits Climbing the Courts: Second Circuit to Hear Previously Dismissed Public Nuisance and Workplace Safety Claims Against Amazon. By Jesse Grasty, Esq., December 23, 2020 Employees at an Amazon warehouse in Staten Island have appealed the recent dismissal of their lawsuit, which alleged the company failed to comply with state and federal public […]