New York & New Jersey Employment Law Blog

Recent Posts from New York & New Jersey Employment Law Blog

• New York Requires Employers to Provide Written Notice of Overtime Rate

  Starting on October 26, 2009, employers in New York State are required to provide new employees with written notice of their regular hourly pay rate and their overtime pay rate. Employers also must obtain written…

• When Do Employers Violate the ADA By Discriminating Against Employees With Disabled Relatives?

  In two previous articles, I discussed important rulings the Third Circuit Court of Appeals made in Erdman v. Nationwide Insurance Company regarding the Family & Medical Leave Act (FMLA). Specifically, that case rules that an…

• Employees Who Request FMLA Leave Are Legally Protected Before They Take Any Leave

  In Erdman v. Nationwide Insurance Company, the Third Circuit ruled that employees are protected by the FMLA when they request FMLA leaves, even if they never actually take an FMLA leave. The court concluded that,…

• Time Worked From Home Counts Toward FMLA’s Minimum Hour Eligibility Requirement If Employer Knew or Had Reason to Know Employee Worked From Home

  On September 23, 2009, the United States Court of Appeals for the Third Circuit discussed when an employee’s time working from home counts toward the 1,250 minimum hours required for an employee to be covered…

• NYC Human Rights Law Broader Than State and Federal Anti-Discrimination Laws

  Earlier this year, the New York Supreme Court’s Appellate Division interpreted the New York City Human Rights Law (NYC HRL) much more broadly than courts have interpreted New York State and federal employment laws prohibiting…

• New York Human Rights Law Amended to Prohibit Discrimination Against Victims of Domestic Violence

  Earlier this year, New York State Gov. David Paterson signed a law that amends the New York Human Rights Law to prohibit employers from discriminating on the basis of an individual’s status as a victim…

• EEOC Issues New Guidance to Employees Regarding Waivers of Discrimination Claims in Severance Agreements

  On July 15, 2009, the United States Equal Employment Opportunity Commission (EEOC) issued guidance to employees who are offered severance agreements that include releases of employment law claims after they have been laid off or…

• Inadequate Sexual Harassment Investigation Can Help Support Discrimination Claim By Alleged Harasser

  On May 22, 2009, the United States Court of Appeals for the Second Circuit reinstated the sex discrimination claim of an employee who was forced to resign because another employee accused him of sexual harassment.

• Employees’ Private Communications With Lawyers on Company Computers Protected By Attorney-Client Privilege

  Under the attorney-client privilege, communications made in confidence between lawyers and their clients in the course of their professional relationship are privileged. The attorney-client privilege outweighs the employer’s interest in enforcing its electronic communications policies.

• New Jersey Law Prohibits Refusal to Renew Contract Because Employee is Over 70 Years Old

  The New Jersey Law Against Discrimination (LAD) prohibits employers from discriminating against employees on the basis of age. However, the LAD expressly does not prohibit employers from refusing to hire or promote a person over…