In 1977, the United States Supreme Court decided Trans World Airlines v. Hardison to interpret Title VII of the Civil Rights Act of 1964 regarding an employer’s obligation to accommodate an employee’s religious beliefs.  That decision balanced the obligation to accommodate the belief against an undue hardship imposed on the employer. 

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...

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...

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...

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...

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...

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...

Many people call us to ask about whether they can get paid when their employers make them work without punching the clock.  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.  But the law governing wages and hours (the Fair...

  A New Jersey lawsuit alleges that Dunkin' Donuts discriminates against minority franchisees, particularly Indian women and black applicants. The case is Shetty v. Dunkin'...