Have you been offered a severance package or agreement from Goldman Sachs? If so, our employment attorneys can assist you with the review and negotiation of the terms of your severance agreement. Please contact us for a free consultation regarding your severance package. We have handled hundreds of severance agreements on behalf of employees...
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Colgate Severance Package
Have you been offered a severance package or agreement from Colgate? If so, our employment attorneys can assist you with the review and negotiation of the terms of your severance agreement. Please contact us for a free consultation regarding your severance package. We have handled hundreds of severance agreements on behalf of employees in...
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NJ Unemployment – Employees of a Religious Organization Are Not Entitled to Overtime
The Federal and New Jersey State tax law exempt churches and religious organizations from paying unemployment taxes. In 1935 the Federal Government enacted the Federal Unemployment Act of 1935 and in 1970 it was amended to exempt "service performed in the employ of a church … or an organization which is operated primarily for...
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NJ Overtime Law – Complaint on Facebook is not Enough
An employee in Florida filed a lawsuit for unpaid overtime and for retaliation based on her complaint on Facebook that her employer was not paying overtime. This decision falls on the heals of the Supreme Court's decision in Kasten v. Saint-Gobain Perf. Plastics Corp. In Kasten, the Supreme Court ruled that an oral complaint...
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Supreme Court to Decide Whether State Employees Can Sue Under FMLA
The United States Supreme Court will decide whether state or municipal employees can file suit for a denial or inteference with of the employee's Family Medical Leave Act (FMLA) rights when seeking leave for the employee's own serious health condition. See Coleman v. Maryland Court of Appeals. If the Supreme Court rules that the...
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NJ Employment Contracts – A Breach by the Company May Nullify Other Provisions
The Third Circuit Court of Appeals recently held that an employer may not be entitled to enforce a non-compete agreement if it violated other terms of the employment agreement. In Figueroa v. Precision Surgical, Inc., 2011 U.S. LEXIS 7583 (3d Cir. Apr. 12, 2011), the Court held that the employer was not entitled to...
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Wal-Mart Beats Class Action for Discrimination Against Women
A group of women working for Wal-Mart sought to start a class action lawsuit for discrimination against 1.5 million women – one of the largest class actions in history. To do so, they had to show that the 1.5 million claims shared a lot in common. In Wal-Mart v. Dukes (June 20, 2011) the...
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NJ Public Employee Barred from Government Employment for Evidence Tampering
The New Jersey Appellate Division ruled that a Morristown Department of Public Works employee who swallowed heroin (which is evidence tampering) when he was arrested cannot keep his government job. The trial level judge determined that tampering with physical evidence is not "an offense involving dishonesty," therefore the employee was not required to give...
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NJ WARN Act Applies to Parent Companies
The New Jersey WARN Act requires employers that close a location or implement a large layoff to provide employees at least 60 days notice or one week of severance pay for each year of service in lieu of that notice. In DeRosa v. Accredited Home Lenders (June 14, 2011), the employer claimed that it...
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U.S. Supreme Court Limits Employer Right to Attorneys’ Fees in Discrimination Cases
In discrimination cases, a prevailing employee is entitled to all attorneys’ fees and costs of litigation. This “fee-shifting” is designed to encourage private attorneys to vindicate civil rights. In contrast, a prevailing employer is not entitled to attorneys’ fees unless the claims are “frivolous, unreasonable or without foundation.” The question recently arose about what...
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