If you have ever joined a gym or gone bungee jumping, you probably signed an agreement giving up your right to sue if you get hurt.  These are liability waivers and they are quite common whenever someone engages in inherently dangerous activity.  But are liability waivers valid if they are a requirement to have...

Employer are required to provide "reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child's birth each time such employee has need to express the milk" pursuant to the Patient Protection and Affordable Care Act.  This Act also amends the Fair Labor Standards Act. ...

The law has been clear for a long time: an employer's well-stated anti-discrimination policy is not enough if it exists in name only.  But now a federal jury in New York has rendered a verdict against Novartis that snagged every defense lawyer's attention.  In a class-action claim for discrimination against women, the jury awarded...

There are three steps to establish a claim of disability discrimination in New Jersey and New York.  First, you must demonstrate a prima facie (Latin for at first sight) case.  Second, the employer will articulate a legitimate, non-discriminatory reason for its action (demotion, suspension, termination, demotion).  Third, you are required to demonstrate the reason...

Did you sign a non-compete agreement with your employer when you started the job and now want to leave the company? You are not alone. Most employees sign non-compete agreements without consulting with an employment attorney. You are bound by the terms of the non-compete agreement, but there are still some options. First, the non-compete...

If you are fired, your employer might offer you a severance package.  But they are not doing it just to be kind.  They're willing to give you a few weeks or months' pay in exchange for a promise from you: a legally binding agreement not to sue.  This is called a release.  Before signing...

Most employment testing discrimination claims fall under the “disparate impact” analysis.  A test for employment that is not on its face discriminatory, but has a disproportionate impact on people of a certain protected characteristic, i.e. race, gender, religion or age, may be discriminatory.  In order to demonstrate that the test is discriminatory, you will...

Tips regarding Severance Offered the Day of Your Termination Employers sometimes offer severance packages to the employee during a termination meeting. Most employer's allow the employee to take the severance agreement home to review and let the termination settle in before the employee makes a decision regarding severance.  However, some employers request that the employee...

It was an obscure question for anyone other than employment attorneys.  But it was an important one: Must a disabled employee show that she was fired, demoted, suspended or otherwise lost money in order to sue for her employer’s refusal to accommodate her disability?  Strangely enough, the New Jersey Appellate Division said, “Yes” in...

New Jersey employment law requires employers to provide reasonable accommodations for an employees disability.  An employer is required to accommodate a disability unless it would impose an an undue hardship on the operation of the business.  New Jersey Law  requires an employer to make a "reasonable accommodation to the limitations of an employee ......