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Business Dreams Must Be Made to Happen

By | October 18th, 2016|Categories: Just Interesting|

  If you're a reader of the thriller genre of novels you'll recognize Brad Thor as one of our very best contemporary writers.  My son just sent me this article by Mr. Thor on his advice for aspiring writers. His thoughts apply to to all of us, not just writers, whether just starting out in [...]

Be Careful in Drafting Non-Compete Agreements

By | October 13th, 2016|Categories: Non-compete Agreements|Tags: |

It's been a while since we've posted anything on non-compete agreements.  Here's an interesting situation from Illinois in which an employer wishes that it had been more careful in writing down the details of a severance agreement.  The case is Reed v. Getco, LLC, decided September 30, 2016. In reviewing this, as is our custom, [...]

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

By | October 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 [...]

Morristown NJ Requires Paid Sick Leave

By | September 30th, 2016|Categories: Family & Medical Leave|Tags: |

My "hometown" of Morristown NJ has jumped on the bandwagon of NJ municipalities that require by ordinance that private sector employers provide employees with paid sick leave.  (I put hometown in scare quotes because during my high school through law school years I lived in an adjoining town but had a Morristown mailing address.  It's [...]

Are CEO’s Disproportionately Psychopathic???

By | September 26th, 2016|Categories: Just Interesting|Tags: |

That's what a recent study suggests, as reported here.  CEO's apparently are not only psychopathic, but the most psychopathic of business people.  Followed immediately by lawyers.  Of course. Surgeons finish in 5th place, but "doctors" are among the least likely occupations to attract psychopaths.  It's been a while since I did medical malpractice defense work, [...]

Don’t Forget Impending Federal OT Rule Changes

By | September 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 [...]

The Uncertain Art of Valuing Cases

By | September 20th, 2016|Categories: Uncategorized|Tags: |

We just saw this report from the San Antonio Employment Law Blog, explaining how Target had the opportunity to settle a personal injury case brought by a customer for $12,000, but apparently would not budge off its offer of $750.  We infer that the low-ball offer (and this was a low-ball offer even by "nuisance [...]

Employers Must Not Let Appearances Deceive in Internal Investigations

By | September 12th, 2016|Categories: Internal Investigations|Tags: |

As a general rule, employers are protected from liability if they make a good faith effort to conduct a prompt and fair investigation when an employee complains of harassment.  Mistakes made in good faith usually will not undo the good that the investigation has done.  But there are limits. Consider this from the recent Second [...]

CEPA Is Not Preempted by the National Labor Relations Act

By | September 8th, 2016|Categories: Uncategorized|Tags: |

Our system of federalism can present us with interesting choices and occaional dilemmas.  What to do when federal laws and state laws are in apparent conflict?  Given conflicting choices, which jurisdiction's rules will be followed? As a broad principle, federal (U.S.) law will control over or "preempt" state law.  As you might imagine, however, the [...]

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