An employee named Howard Flecker filed a claim against his employer for unpaid wages. The employer then sent all employees a memo that everyone's hours (and, therefore, pay) would be cut because of his unpaid wages claim. The New Jersey Appellate Division...
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ExxonMobil’s Alcohol Use Policy Violates NJ Law Against Disability Discrimination
A long-term employee of ExxonMobil voluntarily disclosed that she suffered from alcoholism (a disability under New Jersey law) and was going to an inpatient rehabilitation program. Her job performance was satisfactory at the time. When she returned from the medical treatment, ExxonMobil required her to agree to total abstinence and random alcohol testing for...
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Converting Long-Term Disability Insurance From Your Employer
Most employers maintain long-term disability insurance for their employees. Upon your termination or separation from the employer, you may be able to convert your long-term disability insurance from an employer policy to a private policy. However, you may be limited by the amount of time that you have to convert the long-term disability insurance....
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Wal-Mart Sex Discrimination Class Action Renewed
Wal-Mart is again facing an 11-year-old sex discrimination class action brought by workers in San Francisco after the Supreme Court earlier prohibited a lawsuit representing female Wal-Mart employees nationwide.
In response to the Supreme...
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NJ Closer to Passing Employer Facebook Legislation
In June of this year, the New Jersey Assembly passed a bill that would prevent employers from requiring employees to their the employer access to their Facebook account. On Thursday, New Jersey 's Senate Labor Committee approved a similar piece of legislation making it illegal for an employer to require an employee to Friend...
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Fair Non-Compete Provisions in New Jersey
We review hundreds of non-compete agreements each year from various employers throughout New Jersey. The typical non-compete agreement contains a a two year restriction on any competitive activity throughout the State of New Jersey. These non-competes prevent the employee from working in their field and will force them to try and find work that...
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Bank Whistleblower Wins $104 Million for Fraud Against IRS
A whistleblower received $104 million from the federal government for uncovering his former employer’s business of helping Americans hide their assets from the IRS. The employee was former UBS banker Bradley Birkenfeld. His tips on UBS’s practices led to a 2009 settlement between the federal government and UBS where UBS agreed to pay $780...
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Restrictive Covenants, Non-Compete Agreements and Non-Solicitation Agreements in New Jersey
There are three broad types of employment agreements that can restrict what you can do after you leave your job: non-compete, non-disclosure, and non-solicit. These agreements are called restrictive covenants and an employer can require you to sign one your first day on the job or as a condition of remaining employed in a...
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Employer Refusing to Pay Commissions In New Jersey
It is illegal for your employer or former employer to refuse to provide you with commissions that are owed. New Jersey's employment laws and contract laws prohibit an employer from withholding commission payments. However, you should be aware of your company's policy regarding commissions. Some employers have clauses requiring that you be employed at...
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You Can Prove Your Overtime for Off the Clock Hours in NJ
Many people call us to ask about whether they can get paid when their employers make them work without punching the clock. Â Their main concern is usually that they did not keep records of their off-the-clock hours so they think they can't "prove" their work. Â But the law governing wages and hours (the Fair...
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