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 […]