Employment Law

On January 13, 2021, the Supreme Court of New Jersey, in Branch v. Cream-O-Land Dairy, issued an important decision (available here) clarifying the scope of the so-called “good-faith defense” available to employers sued for violating the minimum wage and overtime compensation requirements of the New Jersey Wage and Hour Law… Continue reading →

Many employees who are let go or terminated from employment don’t know what happens at work once they’re gone. Sometimes employees know or subsequently learn, whether through word of mouth, social media platforms such as LinkedIn, or the employer’s website, that they have been replaced. Sometimes their replacement is someone… Continue reading →

Once again, but not surprisingly, an arbitration agreement conveyed by an employer and confirmed by an employee via email has been upheld by the New Jersey courts. In a recent decision, Jasicki v. Morgan Stanley Smith Barney LLC, the New Jersey Appellate Division affirmed the motion court’s dismissal of an… Continue reading →

For many employees, bonuses and commissions represent a significant portion of the compensation they expect to receive in exchange for their hard work and efforts in growing and cultivating their employers’ businesses and, in many instances, generating revenue. Typically, incentive pay is tied to performance—whether individual or company-wide—and is earned… Continue reading →

The federal Equal Pay Act, 29 U.S.C. § 206, was enacted in 1963 to protect against wage discrimination based on a person’s sex. The purpose of the Act is simple: men and women in the same workplace should be given equal pay for equal work. All forms of employment compensation… Continue reading →

As COVID-19 cases continue to mount and the virus continues to push public health systems to their breaking points, perhaps no community has been hit harder than our elders residing in long-term care facilities. As of January 13, 2021, Neshaminy Manor—the largest nursing home in Bucks County, Pennsylvania—has seen 218… Continue reading →

On November 25, 2020, I asked the ominous question: “Can I require my employees to get vaccinated against COVID-19?” In that article, I first addressed the pivotal, threshold issue of whether a vaccination constituted a “medical examination” or health screening under the Americans with Disabilities Act (ADA), as whether a… Continue reading →

As the COVID-19 pandemic rages and excitement grows from promising vaccine announcements, employers are asking a critical question: Can I require my employees to get vaccinated against COVID-19? Although each employer’s circumstances are unique, the short answer is the classic law school answer: “It depends.” The longer answer is “perhaps,… Continue reading →

As businesses continue to traverse the unchartered waters created by the COVID-19 outbreak across the country, the law constantly is evolving, and employers must grapple with new limitations created by both Congress and state and local governments on what seems like a daily basis. Employers must take care to learn,… Continue reading →

The federal government has provided new hope for employees affected by the novel coronavirus pandemic by way of an economic stimulus package that includes, among other things, enhanced unemployment benefits. On Friday, March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (“CARES” Act),… Continue reading →