Curtis Fox

Curtis Fox

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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New Jersey Supreme Court Holds Stealing Documents to Support Discrimination Claims Can Be Prosecuted as Theft

In State v. Saavedra (A-68-13, June 23, 2015), the New Jersey Supreme Court upheld the criminal indictment of a public sector employee who stole confidential documents to support her discrimination and retaliation claims. As...more

8/24/2015 - Appellate Courts Confidential Documents Criminal Prosecution Discrimination Indictments NJ Supreme Court Public Employees Retaliation

New Jersey Supreme Court Holds Just Doing Your Job May Be Whistleblowing

On July 15, 2015, the New Jersey Supreme Court held that the protections of the Conscientious Employee Protection Act (CEPA) extend to so-called “watchdog” employees—those employees whose regular job duties involve monitoring...more

8/21/2015 - CEPA NJ Supreme Court Whistleblower Protection Policies Whistleblowers

New Jersey Superior Court Has Concurrent Jurisdiction to Decide Employment Status Under Workers’ Compensation Act, New Jersey...

The New Jersey Supreme Court recently held that the Superior Court of New Jersey has concurrent jurisdiction with the New Jersey Division of Workers’ Compensation to adjudicate a worker’s employment status for purposes of...more

8/21/2015 - Affirmative Defenses Exclusivity Independent Contractors Jurisdiction NJ Supreme Court Workers Compensation Act

Faulty Time Clock Dooms Employer’s Motion to Dismiss Employee’s FMLA Claim

In Barnes v. Vibra Healthcare, LLC, No. 14-CV-5678 (D.N.J. May 26, 2015), the U.S. District Court for the District of New Jersey denied the employer’s motion to dismiss the plaintiff’s claim brought under the Family and...more

8/21/2015 - Employer Liability Issues FMLA Timekeeping

Whistleblower Must Identify the Law, Rule, or Regulation Violated by the Employer Prior to the Summary Judgment Stage, District...

The U.S. District Court of New Jersey recently reaffirmed that under New Jersey’s whistleblower law, the Conscientious Employee Protection Act (CEPA), a plaintiff asserting that her employer’s conduct is incompatible with a...more

8/21/2015 - CEPA Employer Liability Issues Healthcare Hospitals Public Health Public Policy Retaliation Whistleblower Protection Policies

Third Circuit Applies Strict Interpretation of FMLA’s Inpatient Care Regulation, Requiring Overnight Stay

In Bonkowski v. Oberg Industries, Inc., (3d Cir. May 22, 2015), the Third Circuit Court of Appeals ruled that an employee who was admitted to the hospital moments after midnight, and who was discharged more than 14 hours...more

8/21/2015 - Appeals FMLA Patients

Employer Free to Monitor Employee’s Internet Browsing History, New Jersey Appellate Division Holds

On January 22, 2015, the New Jersey Appellate Division reaffirmed an employer’s right to monitor an employee’s use of his or her workplace computer, including a review of the employee’s Internet browser history. In Liebeskind...more


Expert Medical Evidence Is Required to Prove Accommodations Offered Were Not Reasonable, New Jersey Appellate Division Holds

In a precedential opinion, the New Jersey Appellate Division rejected an agoraphobic plaintiff’s claim under the New Jersey Law Against Discrimination (LAD) for failure to provide a reasonable accommodation. The court held...more

2/12/2015 - ADA Employer Liability Issues Medical Examinations Reasonable Accommodation

Being Classified as an Employee in New Jersey is Now as Easy as ABC for Wage and Hour Purposes

In a unanimous decision, the New Jersey Supreme Court recently adopted the employee-friendly “ABC” test to determine whether an individual is an employee or an independent contractor under New Jersey’s Wage Payment Law (which...more

1/19/2015 - Employee Definition FLSA Independent Contractors Wage and Hour

Nurse Fired for Refusing Flu Vaccine for Secular Reasons Entitled to Unemployment, New Jersey Appellate Division Holds

In Valent v. Board of Review, A-4980-11T2 (App. Div., June 5, 2014), the New Jersey Appellate Division ruled that a hospital employee who refused a flu shot for purely secular reasons was still eligible for unemployment...more

7/18/2014 - Corporate Counsel Termination Unemployment Unemployment Benefits

New Jersey Supreme Court Upholds Termination of Whistleblowing RN, Confirming Narrow Reading of CEPA

In Hitesman v. Bridgeway, Inc., A-73-12 (June 16, 2014), a registered nurse was fired after he complained to management about the rate of infectious diseases among patients, reported his concerns to governmental agencies, and...more


Statute of Limitations Waiver in Employment Application Enforceable Against ESL Immigrant, New Jersey Appellate Division Holds

On June 19, 2014, the New Jersey Appellate Division continued recent willingness of New Jersey courts to enforce employment applications that shorten the statute of limitations for employment-related claims, this time...more

7/18/2014 - Employment Application Immigrants Selective Waivers Statute of Limitations Waivers

Employer’s Refusal to Rescind a Resignation Does Not Amount to Unlawful Retaliation, District Court of New Jersey Holds

The United States District Court for the District of New Jersey recently held that an employer’s refusal to rescind a resignation does not amount to unlawful retaliation under 42 U.S.C. § 1981 (which follows the same standard...more

7/18/2014 - Civil Rights Act Employer Liability Issues Resignation Retaliation Title VII

New Jersey Pregnancy Bill Sent To Governor Christie

In the November 2013 issue of the New Jersey eAuthority, we reported on the Senate’s passage of a bill (S2995) expanding employment protections for pregnant women by...more

1/17/2014 - Chris Christie Compliance Pregnancy Pregnancy Discrimination Protected Class

New Jersey Gender Equity Notice Now Available In Spanish, And With Draft Acknowledgment

As we reported in the December 10, 2013 issue of the New Jersey eAuthority, the New Jersey Department of Labor (NJDOL) recently made available the gender equity notice. Effective January 6, 2014, the gender equity notice must...more

1/17/2014 - DOL Equal Pay Equal Pay Act Gender Equity

Jersey City Issues Sick Leave Ordinance Posters

In the November 2013 issue of the New Jersey eAuthority, we reported on Jersey City’s adoption of an ordinance taking effect on January 24, 2014, which mandates that all businesses operating in Jersey City provide sick leave...more

1/17/2014 - Compliance Sick Leave

Bill Introduced To Extend New Jersey Employment Discrimination Protections To Unpaid Interns

On December 5, 2013, the Senate introduced a bill (S3064) seeking to extend legal protections and remedies to unpaid interns by amending three state statutes: the Law Against Discrimination, the Conscientious Employee...more

1/16/2014 - Discrimination Internships Unpaid Interns

Bill Introduced To Ban Discrimination In Employment In New Jersey On The Basis Of Familial Status

Under current law, discrimination on the basis of familial status is prohibited under the New Jersey Law Against Discrimination (NJLAD) only in housing. On November 18, 2013, the Assembly introduced a bill (A4465) amending...more

1/16/2014 - Anti-Discrimination Policies Compliance

Bill Introduced To Bar New Jersey Public Entities From Entering Into Confidential Settlement Agreements

On November 26, 2013, the Assembly introduced a bill (A4498) to prohibit confidentiality in any agreement to settle a claim or action in which a public entity or public employee (in his or her capacity as a public employee)...more

1/16/2014 - Confidential Information Employer Liability Issues Public Entities Settlement

Proposed Amendments To New Jersey Wage Payment Law Would Permit Payment By Debit Cards

On November 18, 2013, the Assembly introduced a bill (A4424) amending the current wage payment law to permit employers to pay wages by deposit in a payroll debit card account. This practice...more

1/15/2014 - Debit Cards Payroll Cards Wages

Bill Would Provide New Jersey Employee Leasing Companies With Choice For Unemployment Insurance Taxes

On December 5, 2013, the Senate introduced a bill (S3087) that would permit employee leasing companies to have their unemployment insurance taxes determined on the basis of their client company’s experience rating. Under...more

1/15/2014 - Unemployment Unemployment Benefits Unemployment Insurance

New Jersey Supreme Court Takes Broad View Of Protected Complaints Under NJLAD, But Narrow View Under CEPA

On July 17, 2013, the New Jersey Supreme Court held that a plaintiff need not demonstrate an actual violation of the New Jersey Law Against Discrimination (NJLAD), let alone an identifiable victim, to prove a claim of...more

9/20/2013 - CEPA Protected Activity Retaliation Sexual Harassment Supervisors Whistleblowers

New Jersey Casino’s Waitress Appearance Policy Not Discriminatory

A trial court judge recently held that Borgata Casino’s “Borgata Babes” program—its employment of scantily-clad, attractive casino servers who were required to watch their weight—did not run afoul of the New Jersey Law...more

9/20/2013 - Casinos Discrimination Dress Codes Gender Discrimination Restaurant Industry

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