Kevin O'Connor – Peckar & Abramson, P.C.

A newly published decision of the New Jersey Appellate Division, Hitesman v. Bridgeway Inc. (Espinosa, J.A.D.), delivered a welcome decision for employers doing business in the health care industry by carefully scrutinizing a…more

In the words of noted playwright Oscar Wilde, “[i]n this world there are only two tragedies. One is not getting what one wants, and the other is getting it.” When litigating statutory claims of harassment or discrimination,…more

In my prior blogs I’ve addressed the legal remedies available to employers when employees violate confidentiality agreements or restrictive covenants, and unfairly compete. A new opinion by Judge Frederic Kessler, P.J. Ch…more

In my prior blogs I’ve addressed the importance of having an operating agreement for any business owner operating as a limited liability company (“LLC”), and have also covered the recent legislative changes in New Jersey with…more

The members of any New Jersey company that is currently operating as a limited liability company (“LLC”) should endeavor to fully understand the impact of a law enacted in September 2012, the Revised Uniform Limited Liability…more

In the absence of clear, direct guidance on whether a certain class of employee falls within an exemption to overtime laws, an employer takes a leap of faith in deciding to forego payment of overtime without seeking written…more

The New Jersey Appellate Division has rendered an opinion in an area with few precedents to guide employers—how to apply the “good faith defense” in the context of an overtime claim by an auto mechanic where the employer had…more

The Third Circuit Court of Appeals addressed several important issues of first impression in Zavala v. Wal Mart Stores, Inc., 691 F.3d 527 (3d Cir. 2012), further clarifying the two-step process for whether claims can be pursued…more

The Supreme Court of the United States has granted certiorari in a case of great significance, Symczyk v. Genesis Healthcare Corp., 656 F.3d 189 (3d Cir. 2011), cert. granted, 2012 WL 609478 (June 25, 2012), and will hear…more

When an employer is facing a discrimination claim, the prospect of having the jury learn of other claims of harassment can be daunting and must be analyzed from the inception of the case to trial. This article addresses this…more

Reprinted with permission, New Jersey Law Journal, this article addresses how defense counsel in a Law Against Discrimination case can deal with a speculative and unsupported claim for front pay damages…more

On May 8, 2012, the New York Court of Appeals issued the latest decision to address whether an at will employee who complains internally of alleged illegal acts, has protection from firing. In Sullivan v. Harnisch,…more

A recent unpublished Appellate Division decision, White v. Starbucks Corp., 2011 WL 6111882 (Dec. 9, 2011), provides a textbook example of how New Jersey’s whistleblower statute, the Conscientious Employee Protection Act,…more

Until this year, there had been some question of whether an employee could recover front and back pay in an employment case without proving he had been actually or constructively discharged by the employer. In a recent opinion…more

With the advent of technology in the modern workplace, an enormous amount of data is created and has the potential to end up in the hands of an employee who is pursuing an employment-based claim against his or her employer. The…more