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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 [...]

The Responsibility of Labor Day

By | September 1st, 2016|Categories: Uncategorized|Tags: |

Monday marks Labor Day 2016.  For those of us who work to sometimes untangle but always preserve the legal rights of employers and employees alike, it's a day to reflect on what we've accomplished.  Equally, it's a day to ponder what will newly arise or is yet to be accomplished, because long experience teaches that [...]

SEC Has Its Say About Severance Agreements

By | August 23rd, 2016|Categories: CEPA/Whistleblower|Tags: |

Through two recent Orders the Securities & Exchange Commission has gotten in on the act of narrowing the protections that employers can build into the release contained in a severance agreement.  The SEC has announced its intention to fight efforts of companies subject to its jurisdiction to limit the rights of departing employees in order [...]

Time (to Sue Under the NJ Law Against Discrimination) Stands Still

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

One June 15 the Supreme Court decided Rodriguez v. Raymours Furniture, a much anticipated decision to answer this question: can an employer and employee agree to shorten the time for the employee to sue under the NJ Law Against Discrimnation?  The short answer: no. The whole decision is here, but the facts are simple.  New [...]

Pay for Play? Not Under the FLSA!

By | February 17th, 2016|Categories: Uncategorized|

Late yesterday the UNited States District Court for the Southern District of Indiana dismissed the claims of collegiate student-athletes who sought to be paid for their athletic activities on the theory that they are employees of the university.  Here's the full opinion in Berger v NCAA, Docket No. 1:14-cv-1710. Much of the opinion deals with [...]

Artificial Statute of Limitations Case to NJ Supreme Court

By | December 3rd, 2015|Categories: Uncategorized|Tags: |

If you have read this blog for any length of time, you will know that statutes of limitation are laws (duly passed by the Legislature and signed by the Governor) that set time limits for various kinds of cases to be filed.  Different kinds of cases have different limits.  For instance, 2 years for discrimination [...]

Handbook Arbitration Provisions Take Another Hit

By | November 30th, 2015|Categories: Uncategorized|Tags: |

For the second time time the last two months an employment dispute arbitration provision has been invalidated because it was contained in an expressly non-contractual employee handbook.  The first was from New Jersey, as we posted at the time. Now, in Lorenzo v. Prime Communications, the US Court of Appeals for the 4th Circuit has [...]

How Not to Hire a Lawyer

By | November 6th, 2015|Categories: Uncategorized|Tags: |

This article on "Those Stupid Superlative Lawyer Lists" warmed the cockles of my little heart on this gray Friday morning in suburban central New Jersey.  It's a subject about which I have ranted a bit at cocktail parties.  Read the article, which is written from the perspective of a legal marketing consultant, and think about [...]

Is a Company Like a Family?

By | October 27th, 2015|Categories: Uncategorized|

Do employers and employees lie to each other about their relationship?  According to this article from The Independent, Reid Hoffman, co-founder of LinkedIn, thinks so.  The problem?  Employers want to be able to ditch employees at any time while saying that their company is a "family," and employees are continually looking to move to greener [...]

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