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Maximum weekly benefits for New Jersey unemployment, temporary disability and family leave insurance, and workers’ compensation increased for 2013

Ogletree Deakins
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USA
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February 28 2013

Effective January 1, 2013, the maximum weekly payment for temporary disability and family leave insurance benefits increased from $572 to $584 per

Bill would impose dual disclosure obligations on New Jersey temporary help services firms

Ogletree Deakins
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USA
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February 22 2013

On December 7, 2012, a bill (A3531) was introduced that would require all temporary help service firms to disclose to each client firm the rate of

New Jersey minimum wage hike now up to voters

Ogletree Deakins
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USA
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February 22 2013

On January 28, 2013, New Jersey Governor Chris Christie conditionally vetoed a bill (A2162S3) that would have increased New Jersey's minimum wage

New Jersey assembly approves bill that would dramatically expand penalties for wage violations

Ogletree Deakins
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USA
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February 22 2013

In December 2012, the Assembly introduced and then approved a bill (A3581), which would significantly increase the penalties imposed on employers for

Non-probationary employee not proper comparator for probationary employee, Third Circuit holds

Ogletree Deakins
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USA
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August 16 2012

In Mercado v. Donahoe, No. 11-2972, 2012 U.S. App. LEXIS 13226, (3rd Cir. June 26, 2012), the plaintiff, a probationary part-time employee, sued his employer alleging that he had been discriminated against on the basis of his gender (male) and national origin (Hispanic

Employer not required to accommodate bus driver’s no Sunday work request, Third Circuit holds

Ogletree Deakins
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USA
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August 16 2012

In Fouche v. New Jersey Transit, No. 11-3031, 2012 U.S. App. LEXIS 14524, (3rd Cir. July 16, 2012), a bus driver sued his employer under Title VII and the New Jersey Law Against Discrimination for refusing to accommodate his religion-based request not to drive on Sundays

Unreviewed NJDOL determination not binding in subsequent lawsuit, New Jersey District Court rules

Ogletree Deakins
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USA
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August 16 2012

In Kiernan v. AAA Mechanical, Inc., No. 10-4421 (MLC), 2012 U.S. Dist. LEXIS 90655, (D.N.J. June 29, 2012), the plaintiff sued her employer for overtime compensation under the New Jersey Wage and Hour Law shortly after the New Jersey Department of Labor (NJDOL) conducted an investigation on her behalf and determined the employer was in violation of the law

Conditional certification of FLSA misclassification claim denied by New Jersey District Court to putative class of assistant store managers

Ogletree Deakins
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USA
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August 16 2012

In Harriel v. Wal-Mart Stores, Inc., No. 11-2510 (MLC), 2012 U.S. Dist. LEXIS 97527, (D.N.J. July 13, 2012), the District Court of New Jersey denied the plaintiff’s motion for conditional certification as an FLSA collective action because the plaintiff failed to meet his burden of demonstrating that he and other members of the putative class of overnight assistant managers were similarly situated

FMLA does not prohibit termination of employee who abuses leave or engages in misconduct during leave, Third Circuit holds

Ogletree Deakins
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USA
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August 16 2012

In Warwas v. City of Plainfield, No. 11-1736, 2012 U.S. App. LEXIS 15324, (3rd Cir. July 25, 2012), an employee terminated while on FMLA leave sued for interference with her FMLA rights

Arbitration agreement enforceable despite limitation on damages and mutual fee shifting, New Jersey District Court rules

Ogletree Deakins
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USA
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June 8 2012

In Morando v. Netwrix Corp., the employer moved to compel arbitration of an employee’s NJLAD and FLSA claims pursuant to an arbitration agreement the plaintiff signed when he began working