The Supreme Court of New Jersey issued an opinion in favor of employee-whistleblowers today.  In Donelson v. DuPont (June 9, 2011), the Court considered whether, under the Conscientious Employee Protection Act (CEPA), an employee who becomes psychologically disabled due to retaliation by his employer can recover lost wages without proving he was discharged.  The...

On April 27, 2011, the US Supreme Court ruled 5-4 that a class action waiver contained in an arbitration agreement is enforceable.  In AT&T Mobility LLC v. Concepcion, the Supreme Court decided that the Federal Arbitration Act preempts a California law that the class-action ban in an arbitration agreement was unenforceable. Employers can require...

In response to the Supreme Court's ruling in AT&T Mobility LLC v. Concepcion allowing class-action waivers in arbitration agreements, Congress has re-introduced the Arbitration Fairness Act.  The Arbitration Fairness Act would amend the Federal Arbitration Act and ban any mandatory, pre-dispute arbitration agreements in employment agreements.  Employees could only consent to the mandatory binding...

The New Jersey Sales Representatives' Rights Act, N.J.S.A. 2A:61A-1, et seq., requires the employer to pay a sales representative after the work relationship ends.  The employer must pay the commissions within 30 days of the date the work relationship ends or within 30 days of the date commissions are due, whichever is later.  A...

Yes.  While most people sign an employment agreement with a non-compete provision at the start of their jobs, an employer can require you to sign a non-compete at any time -- even years later.  The reasoning comes from basic contract law which requires "valuable consideration" (receiving a benefit in exchange for obligations) for any...

The Fair Labor Standards Act permits an employer to provide an employee with an hourly wage that is less than the current minimum wage if the employee receives tips.  The employees’ tips and hourly wage must equal the legal minimum wage. The Federal Law currently allows an hourly wage as low as $2.13 per...

Can your employer be held liable for sexual harassment that occurs at a company sponsored event that it outside of your typical work hours?  Yes.  You employer is responsible for the misconduct and sexual harassment of its employees at company sponsored events.  The employer can defend against the claim by demonstrating that it took...

The federal ADA Amendments Act of 2008 (ADAAA) went into effect on January 1, 2009. The law changed the definition of “disability” under the Americans with Disabilities Act (ADA). Recent regulations reflect these changes. It is easier to establish a disability under the law. Congress overturned several U.S. Supreme Court decisions that Congress believed had...

Under New Jersey law, sexual harassment in the workplace is an outlawed form of sex discrimination.  To prove sexual harassment, an employee (usually a woman) must show: (1) the complained-of conduct would not have occurred but for her sex, (2) the conduct was severe or pervasive enough to make (3) a reasonable woman believe...

Working Knowledge By Amy Kates Click to View Actual Article from Magazine Paul Castronovo and Wayne Positan untangle employment disputes from opposite ends Published in New Jersey Super Lawyers 2011 — April 2011 In a perfect world, employees and management are on the same page: Company handbooks are read cover to cover, thorough policies are implemented, and...