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"To whom it may concern": New Jersey Supreme Court clarifies the standard for employee retaliation claims under the LAD and CEPA

USA - August 22 2013 Last month, the New Jersey Supreme Court issued a unanimous decision that provides clarity as to the standard an employee must meet when bringing any…

Employee alcohol testing: when does it amount to discrimination?

USA - November 28 2012 Requiring a self-disclosed alcoholic employee to submit to random breathalyzer tests and firing that employee for a positive test may result in discrimination lawsuits for New Jersey employers.

Vito A. Gagliardi, Jr.

Wait, watch her: obesity as a disability under the ADA

USA - December 17 2012 This year, the U.S. Equal Employment Opportunity Commission ("EEOC") settled two cases involving alleged discrimination based on an employee's obesity.

Essential could mean infrequent: a look at "essential job function" under the ADA

USA - April 30 2013 Earlier this month, the United States Court of Appeals for the Eighth Circuit ruled that an employer can terminate an employee without violating the…

Payroll deductions in New York: employer beware

USA - December 16 2013 Last year, the New York legislature amended New York Labor Law Section 193, permitting employers to make certain types of wage deductions that were…

Thomas O. Johnston