After losing in both the trial and appellate courts, a former pharmaceutical executive managed to sway the minds of New Jersey Supreme Court justices to revive his hostile work environment claim. According to him, his...
Employment Law Letter
After approximately six years of litigation, Gloucester County High School graduate Gavin Grimm has finally prevailed in his fight against the school board's policy requiring students to use the restroom matching their...
Amazon is in the news again. And, no, I'm not talking about executive chair Jeff Bezos' flight to the edge of space. This time, I'm referring to new harassment and discrimination allegations against the company...
Bob Odenkirk, one of my favorite actors, who plays morally challenged criminal defense attorney Saul Goodman on Better Call Saul, was rushed to an Albuquerque hospital recently after suffering a heart attack on set...
In a recent Executive Order (EO) on promoting competition in the American economy (https://bit.ly/3hMmWSJ), President Joe Biden encouraged the Federal Trade Commission (FTC) to ban or limit noncompete agreements. In...
Q Can we mandate a drug screening upon hire for some job types and not others? A For some categories of heavily regulated jobs, such as those overseen by the U.S. Department of Transportation (e.g., over-the-road truck...
Everywhere we turn, store fronts and restaurants are posting signs seeking applicants for vacant positions. And the phenomenon isn’t limited to just the service industry. Employers in the transportation, logistics, and...
There's no exhaustive list of potentially reasonable accommodations for employees with disabilities. Whether an accommodation is reasonable will depend on the unique circumstances of each instance, including the...
An Occupational Safety and Health Administration (OSHA) COVID-19 emergency temporary standard (ETS) went into effect in early June 2021, and compliance with most of the provisions was required by July 6. The final set of...
Over the years we've seen a steady stream of cases involving employees who filed workers' compensation claims after being injured away from the employer's premises. Sometimes it was difficult to determine whether the off...
The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides employee members of the military services the right to reinstatement in the same position they left when they went on active duty. Problems...
While certain customer data can be protected as a trade secret, basic information such as customer identities and e-mail addresses, without more, doesn't rise to that level, the Oregon Court of Appeals recently ruled...
President Joe Biden recently issued a sweeping Executive Order (EO) containing, among many other things, a proposal to ban noncompete agreements in the United States. The EO, unveiled in early July, seeks to promote...
Not that long ago, nearly all National Labor Relations Board (NLRB) representation elections were conducted through a manual ballot process. More recently, particularly with the COVID-19 pandemic, such elections have...
Same-sex sexual harassment at work can constitute an actionable (or legally pursuable) sex discrimination claim, the U.S. Supreme Court ruled in a 1998 case titled Oncale v. Sundowner Offshore Services, Inc. In a recent...