Employment Law Notebook

Even the best-managed businesses can face problems if they are not treating comparable employees equally in the terms and conditions of employment. The Department of Labor has tremendous resources, so it's unlikely that this problem is going to go away for Google very easily or quickly.

New Jersey enacted the "Ban the Box" law in 2015 (It prevents employers from asking job applicants about criminal histories before the interview stage of the hiring process).  It looks like the State is now poised to legislate on the other end of this issue by greatly expanding the scope of what criminal histories can be expunged.  You can click through to the article here: 

As the New Year of 2017 begins, multiple jurisdictions will be raising the minimum wage.  As is pretty typical, I expect this to fuel more wage & hour litigation, as some employers fail to pay attention to minimum wage increases (and some less-than-well-motivated employers intentionally do their best to dodge it and hope they can get away with it).  It behooves both employers and employees

This week the 3rd Circuit Court of Appeals issued a decision that solidifies sovereign immunity against NJ State Colleges (as "arms of the State") facing federal employment discrimination lawsuits.

Today, the United States District Court for the Eastern District of Texas issued a preliminary injunction to halt the U.S. Department of Labor’s  new overtime rule from going into effect December 1.

Recently, McDonald's entered into a multi-million dollar settlement in a wage & hour class action in California.  This settlement is not unusual in terms of the dollar amount or that a well known company involved.  What is striking is that the franchisor McDonald's, took part in the settlement.  Usually the franchisor goes to great lengths to ensure that it is not responsible for wage &

It has become commonplace to see news story after news story in which women are speaking out about being sexually harassed by high-level and high profile men.  The good news is that this shows that more women are starting to feel it is a safe environment to talk about sexual harassment.  Unfortunately, as a practical matter, in workplaces across this country, many women do not feel comfortable

New Jersey voters will now get the last word on the $15 minimum wage.  Two months after the state legislature passed a bill that would increase the state’s minimum wage to $15 per hour, Governor Chris Christie vetoed the bill.  In announcing his decision, the Governor stated that the wage hike “would trigger an escalation of wages that will make doing business in New Jersey unaffordable”, parti

Counsel frequently research their adversaries and plaintiffs looking for dirt.  However, this case shows that engaging in a deception to fish for that information can backfire:  http://www.reuters.com/article/us-uber-decision-idUSKCN1051PR

Trenton, NJ

By Lisa I. Fried-Grodin