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What Do Open Judgeships Mean for Litigants?

By |2018-08-16T15:34:08+00:00August 16th, 2018|Categories: Employment Law News|

I was struck recently by two separate articles with a common theme.  One details the fact that there will soon be five --- count 'em, five --- judicial vacancies on the federal court bench in New Jersey.  That's five out of 17 authorized judgeships, nearly a 30% deficit.  Want to guess how many candidates have [...]

Some Year-End Employment Law Thoughts for NJ

By |2016-12-28T15:10:33+00:00December 28th, 2016|Categories: Employment Law News|Tags: |

There are two business days left until we hit 2017, so this is a good time for a handful of parting thoughts on the employment law landscape, plus some suggestions on how to hit the ground running in the New Year. 2016 saw significant developments and refinements in many areas of employment law.  Watch for [...]

Unemployment Theft Punished by 7 Years

By |2016-12-02T14:59:24+00:00December 2nd, 2016|Categories: Employment Law News, Unemployment|

The question: how did she get away with it for so long?  The woman in question used 24 false identities to collect $345,000 in fraudulent unemployment benefits.  Story here. It seems like crime paid in this case, at least for a while. The final lesson, however, is that claiming unemployment benefits that don't belong to [...]

And Exactly How . . . .?

By |2016-11-28T15:12:16+00:00November 28th, 2016|Categories: Employment Law News|Tags: |

A trial judge once told me, with some frustration, that appellate judges (not on the NJ Supreme Court, I hasten to add) sometimes do not appreciate the practical difficulties with which their rulings present the trial courts that must implement them. That complaint came back to me when I read the recent decision in Cuevas [...]

A Sampler of Federal Employment Law Developments

By |2016-10-28T06:00:00+00:00October 28th, 2016|Categories: ADA, Employment Law News, Non-compete Agreements, Wage & Hour|Tags: |

As we have pointed out before, New Jersey's employment laws are structured in a way that makes it desirable, nearly all of the time, for plaintiffs to file their cases in state court under state law. In that way we differ from many other states, where federal law is used more frequently.  That doesn't mean [...]

Proposed Law to Codify NJ Public Policy on Law Against Discrimination 2-Year Limitation Period

By |2016-10-03T13:00:00+00:00October 3rd, 2016|Categories: Employment Law News, Law Against Discrimination (LAD)|Tags: |

The NJ Supreme Court's June 2016 decision in Rodriguez v. Raymour's Furniture established as the common law of NJ that employers cannot shorten two year statute of limitations that applies to cases brought under the Law Against Discrimination.  We have written about this ongoing matter here and here. The Court's decision settled the issue as [...]

Don’t Forget Impending Federal OT Rule Changes

By |2016-09-22T16:52:51+00:00September 22nd, 2016|Categories: Employment Law News, Wage & Hour|Tags: |

December 1, 2016 is a little more than two months away.  That's the date when long-awaited changes to federal overtime rules will take effect.  Businesses need to be prepared. The Department of Labor's press release summarizes the changes. The new Rule is aimed primarily on the standards under which Executive, Administrative, and Professional employees can [...]

Nothing Relevant from Supreme Court in Employment Law Today

By |2015-06-22T10:24:04+00:00June 22nd, 2015|Categories: Employment Law News|Tags: |

We are winding down to the close of the US Supreme Court's Term, and the Court just finished announcing its opinions and orders.  The two big cases that will affect the employment landscape, the ACA (Obamacare) and same-sex marriage cases, were not decided today.  As of a few minutes ago the Court had not announced [...]

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