Third Circuit Affirms Dismissal of Race Discrimination Claim
By Arooj Siraj, Esq. The Third Circuit recently affirmed the dismissal of a wrongful termination claim in which an employee alleged that he was terminated by his former employer, UPS, because of his race (African-American) in violation of the New Jersey Law Against Discrimination (“NJLAD”). In Langley v. United Parcel Serv., No. 21-2962 (3d Cir. […]
New York State Legislation Enacted to Expand Accommodations for Lactation in the Workplace
By Lindsey Andreozzi, Esq. On December 9, 2022, New York Governor Kathy Hochel signed a law that expands the Nursing Mothers in the Workplace Act (New York State Labor Law Section 206-c) to provide additional requirements for workplace lactation rooms and to mandate all employers to maintain written policies regarding lactation in the workplace. The […]
New Jersey Appellate Division Holds that the Ending Forced Arbitration Act Does Not Bar the Arbitration of Sexual Harassment Claims Accruing Prior to its Effective Date
By Allison J. Vogel, Esq. The New Jersey Appellate Division recently issued an opinion confirming that the Ending Forced Arbitration Act (EFAA) does not apply retroactively to sexual harassment or assault claims that accrue prior to March 3, 2022. The Court also confirmed that the Federal Arbitration Act (FAA) will also continue to preempt such […]
SECOND CIRCUIT AFFIRMS DISMISSAL OF FMLA AND NYCHRL CLAIM DESPITE PLAINTIFF’S ALLEGED HEAD-INJURY AND MENTAL HEALTH ISSUES PRECEDING THE EXECUTION OF A SEVERANCE AGREEMENT
By: Punam P. Alam, Esq. On November 10, 2022, the Second Circuit affirmed the District Court for the Southern District Court of New York’s judgment that a severance agreement signed by plaintiff following her return from a medical leave barred plaintiff’s claims for violation of the Family Medical Leave Act (“FMLA”) and New York City […]
TO PREEMPT OR NOT TO PREEMPT – NEW JERSEY COURT FINDS BAN ON MANDATORY ARBITRATION CLAUSES NO LONGER ENFORCEABLE FOR SEXUAL HARASSMENT/ASSAULT CLAIMS
By Jean Schroll Knapp, Esq. In the most recent New Jersey case addressing the interplay between the New Jersey Law Against Discrimination (“LAD”) and the Federal Arbitration Act (“FAA”), an Essex County Judge found that, following the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, the FAA no longer preempts Section […]
Third Circuit Affirms Injunction Enjoining Public Agency from Banning “Black Lives Matter” Masks in the Workplace
By Kristine V. Ryan, Esq. The Third Circuit recently affirmed a District Court’s preliminary injunction preventing a public employer from enforcing its policy against “Black Lives Matter” face masks in the workplace because it violated employees’ First Amendment rights. The precedential decision is Amalgamated Transit Union Local 85 v. Port Auth. of Allegheny Cnty., 39 […]
United States Supreme Court to Examine “Salary Basis” Test for FLSA Exemption
By Jesse S. Grasty, Esq. This month, the United States Supreme Court announced that it will address whether an employee who earned over $200,000 per year via a daily rate, as opposed to a weekly salary, is still eligible for overtime pay under the Fair Labor Standards Act (“FLSA”). Under the FLSA, employees must be […]
BRINGING COVID-19 FROM THE WORKPLACE TO THE HOME: CALIFORNIA SUPREME COURT TO WEIGH IN ON EMPLOYER’S OBLIGATIONS, IF ANY, TO SAFEGUARD THEIR EMPLOYEES’ HOUSEHOLD
By Iman A. Wells, Esq. On April 21, 2022, the Ninth Circuit issued an opinion, Kuciemba v. Victory Woodworks, Inc., certifying two important questions for the California Supreme Court. Specifically, the Ninth Circuit has tasked the California Supreme Court to opine on: (1) whether California’s derivative injury doctrine bars a spouse’s claim against an employer, […]
Line in the Sand: District Court Untangles Boundaries of Legal Advice, Attorneys’ Role in Employee’s Termination Decision
by Erica M. Clifford, Esq. The District Court of New Jersey recently weighed in on a thorny discovery dispute, deciding whether written communications exchanged with County Counsel and outside litigation counsel could be subject to discovery in a litigation despite the assertion of attorney/client privilege. In Graham v. Monmouth County Buildings and Grounds, Magistrate Judge […]
THE U.S. SUPREME COURT SHOULD REFLECT OUR NATION’S DIVERSITY OF PERSPECTIVE, EXPERIENCE AND BACKGROUND
In the words of Justice Ruth Ginsburg, “It’s so important for little girls to see women on the Supreme Court—it’s natural and proper.” At NFC, we strongly support the nomination of Ketanji Brown Jackson to the U.S. Supreme Court. In the spirit of RBG, it is “natural and proper” for the Supreme Court to include […]