David Katz

David Katz

Mintz Levin

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You Take the Good, You Take the Bad: NJ High Court Offers Employers Avenue to Limit Vicarious Liability in Harassment Suits; But...

In Aguas v. State of New Jersey, the New Jersey Supreme Court recently adopted an affirmative defense—available under federal law since 1998—allowing employers to use their anti-harassment policies to limit vicarious...more

3/3/2015 - Affirmative Defenses Anti-Harassment Policies EEOC Faragher/Ellerth defense Hostile Environment Standard of Review Supervisors Vicarious Liability

Don’t Sleep on this New Jersey Employers: State Supreme Court Adopts More Stringent Test to Claim Independent Contractor Status

Recently, in Hargrove v. Sleepy’s, LLC, the New Jersey Court issued a unanimous decision raising the bar for New Jersey employers seeking to classify individuals as independent contractors under New Jersey’s Wage Payment Law...more

1/27/2015 - ABC Test Employee Definition Employer Liability Issues FLSA Independent Contractors Misclassification Sleepy's Wage and Hour

Back at it Again: NLRB Invalidates Employer’s “Overbroad” Solicitation Rule

We have posted extensively about the NLRB’s crusade against overbroad workplace policies, ranging from social media policies to workplace conduct and disciplinary policies and everything in between. Well the Board is back at...more

12/16/2014 - Employer Liability Issues Employment Policies Mercedes-Benz NLRA NLRB Solicitation/Distribution Policies

Update: New Jersey Supreme Court to Address Contractually-Shortened Statute of Limitation Provisions

Over the summer, we posted about an interesting New Jersey appellate court decision (Rodriquez v. Raymours Furniture) enforcing a provision in a job application that reduced the period in which an employee could sue an...more

12/10/2014 - Adverse Employment Action Employer Liability Issues Job Applicants Petition for Writ of Certiorari Statute of Limitations

Like a Bad Penny, Discharged AT&T Employee Turns Up Years Later Despite No-Rehire Agreement; New Jersey Appellate Court Affirms...

The inclusion of a “no-rehire” provision in separation agreement is fairly commonplace. Likewise, a damages provision (including liquidated damages and attorneys’ fees) in the event of a breach by the former employee are...more

9/25/2014 - AT&T Damages Liquidated Damages Separation Agreement

Appellate Courts in New Jersey and New York Both Rule that a Contract May Reduce Statute of Limitations on Employment Claims

Earlier this summer, a New Jersey appellate court, in Rodriquez v. Raymours Furniture enforced a provision in an employment application that reduced the period in which an employee could sue an employer to six months from the...more

8/25/2014 - Adverse Employment Action Employment Application Statute of Limitations

Governor Christie Vetoes New Jersey Unemployment Discrimination Bill

In somewhat of a surprise move, in the same week that New Jersey Governor Chris Christie signed into law the Opportunity to Compete Act, which prohibits employers from inquiring about job candidates’ criminal histories early...more

8/19/2014 - Chris Christie Legislative Vetoes Popular Unemployment Unemployment Discrimination

Governor Christie Signs Scaled-Back Opportunity to Compete Act – New Jersey’s Ban the Box Bill

We previously wrote about New Jersey’s proposed “ban the box” measure, known as the Opportunity to Compete Act, a law that would prohibit employers from inquiring about job candidates’ criminal histories early in the hiring...more

8/13/2014 - Ban the Box Criminal Background Checks Employee Rights Job Applicants

New Jersey Likely Next to Ban Discrimination Against the Unemployed

Earlier this month, we wrote about New Jersey’s proposed “ban the box” measure—a law that would prohibit employers from inquiring about job candidates’ criminal histories early in the hiring process—heading to Governor Chris...more

7/28/2014 - Discrimination Employer Liability Issues Hiring & Firing Proposed Legislation Unemployment Discrimination

New Jersey’s “Ban the Box” Bill Sent to Governor Christie’s Desk; Final Version More Employer-Friendly

In December, we wrote about New Jersey’s proposed “ban the box” measure, known as the Opportunity to Compete Act, making its way through the legislature – a law that would prohibit employers from inquiring about job...more

7/8/2014 - Ban the Box Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants Legislative Process Pending Legislation

Supreme Court to Review Whether Rulemaking is Required When DOL and Other Agencies Flip-Flop on Regulatory Interpretations

Last week, the U.S. Supreme Court agreed to review whether the Department of Labor must engage in notice-and-comment rulemaking in order to significantly alter its interpretation of the agency’s Fair Labor Standards Act...more

6/23/2014 - Administrative Procedures Act DOL Employment Policies FLSA Over-Time Rulemaking Process SCOTUS Wage and Hour

Employees Need Not Identify Specific Law, Rule or Regulation Violation in Pleading Retaliation Claim Under New York’s...

Earlier this month, in Webb-Weber v. Community Action for Human Services, Inc., New York’s highest court overruled several appellate court cases in holding that an employee need not identify the specific law, rule or...more

5/29/2014 - Corporate Counsel Employer Liability Issues Retaliation Whistleblower Protection Policies Whistleblowers

Another Judge Finds that Obesity May be a “Disability” Under the ADA

Yet another federal court judge, the Honorable Stephen N. Limbaugh, Jr. of the Eastern District of Missouri, recently ruled, in Whittaker v. America’s Car-Mart, Inc., that an employee’s severe obesity could constitute a...more

5/7/2014 - ADA ADAAA America's Car-Mart American Medical Association Disability Employer Mandates Obesity

Over Hill, Over Dale, the NLRB Pens Another Cautionary Tale: Board Strikes Down Work Rules Prohibiting Negativity and Gossip

The NLRB is back at it, finding last week in Hills and Dales General Hospital, that seemingly innocuous policies prohibiting negativity and gossip in the workplace and requiring employees to represent their employer in a...more

4/14/2014 - Employee Rights Employer Liability Issues Hospitals NLRB

Undercover Competitor: Modell’s CEO Allegedly Masquerades as Dick’s Sporting Goods Executive, Taking Corporate Espionage to a New...

Dick’s Sporting Goods has sued Modell’s Sporting Goods and its prominent fourth-generation CEO, Mitchell Modell, claiming Modell brazenly visited a Dick’s retail location and impersonated a Dick’s executive to unlawfully gain...more

3/7/2014 - CEOs Dick's Sporting Goods Identity Theft Industrial Espionage Modell's Sporting Goods Unfair Competition

Rocky Mountain High: Colorado High Court to Weigh in on Employers’ Ability to Enforce Drug Policies in the Face of...

Last week the Colorado Supreme Court decided to review a 2013 appellate court decision holding that Colorado employers may lawfully terminate employees for their off-duty use of medical marijuana even if they are not impaired...more

2/7/2014 - Decriminalization of Marijuana Disability Discrimination Dish Network Drug Testing Hiring & Firing Human Resources Professionals Marijuana Medical Marijuana Termination

Is New Jersey’s “Need Not Apply” Law Prohibiting Employers from Publishing Ads Discouraging Unemployed Job Seekers from Applying...

New Jersey’s Appellate Division last week upheld a 2011 statute (N.J.S.A. 34:8B-1) that bars employers seeking to fill job vacancies in New Jersey from knowingly publishing advertisements stating that job applicants must be...more

1/15/2014 - First Amendment Free Speech Job Applicants Unemployment Unemployment Discrimination

Will New Jersey Go “Ban The Box” And Beyond? New Jersey Takes Step To Prohibit Employers From Asking About A Job Applicant’s...

Recently, in a 6-3 vote, New Jersey’s Assembly Labor Committee advanced a bill (A-3837), known as the Opportunity to Compete Act, that would prohibit New Jersey employers with 15 or more employees from asking candidates about...more

12/31/2013 - Adverse Employment Action Ban the Box Criminal Records Employment Application Hiring & Firing Human Resources Professionals

Bill to Ban Pregnancy Discrimination Unanimously Passed by New Jersey Senate

Similar to recent legislation passed in New York City, the New Jersey Senate unanimously passed a bill on Monday that would explicitly prohibit employment discrimination based on pregnancy, childbirth, or medical conditions...more

11/25/2013 - Discrimination Gender Discrimination Pregnancy Pregnancy Discrimination Sex Discrimination

Paid Sick Leave Comes to New Jersey’s Second Largest City – Jersey City; is Newark, its Largest City Next?

On October 21, 2013, Jersey City Mayor Steven Fulop signed into law the Paid Sick Time Ordinance requiring private sector Jersey City employers with 10 or more employees to provide up to five days of paid sick leave per year...more

10/24/2013 - Employee Benefits Employee Rights Paid Leave Sick Leave

Mayor Bloomberg Vetoes Legislation Prohibiting Discrimination Against Unemployed

As we predicted in an earlier blog post, Mayor Michael Bloomberg has vetoed legislation aimed at prohibiting discrimination against New York City’s unemployed. ...more

2/25/2013 - Discrimination Legislative Vetoes Unemployment Unemployment Discrimination

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