-
08.10.2022
New Court Decision Highlights Stringent Proofs Necessary to Establish Independent Contractor Status Under New Jersey Law
(Click here for printable PDF) The New Jersey Supreme Court just issued a decision once again highlighting the extreme difficulty businesses face when attempting to establish a worker has been properly classified as an independent contractor and not an employee. The Court, in East Bay Drywall, LLC v. Department of Labor (A-7-21) (August 2, 2002) […]
Read More -
08.08.2022
NJ Court Holds First Amendment Does Not Protect Private Employees’ Free Speech Rights for Racially Insensitive Social Media Posts
(Click here for printable PDF) The New Jersey Appellate Division prohibited a private employee from relying on freedom of speech to support her wrongful termination lawsuit. Specifically, the court found that a private employer had the authority to fire their at-will employee, Heather McVey, for making racially insensitive remarks about Black Lives Matter on her […]
Read More -
05.27.2022
While Courts Often Uphold Arbitration Awards, the Underlying Arbitration Agreement Faces a More Stringent Review When Challenged
(Click here for printable PDF) The Court of Appeals for the Third Circuit recently upheld an arbitration award finding that an employee must repay his former employer bonuses advanced to him. The employee attempted to overturn the award through the courts. However, two courts upheld the award, reminding litigants that they will face an uphill battle to […]
Read More -
05.20.2022
Summary of New Jersey Protection for Remote Employees
With many employers allowing their workers to work remotely, either full or part-time, the rules that apply to those remote employees are important for any employer to know. In New Jersey, two New Jersey laws, the New Jersey Law Against Discrimination (NJLAD) and the New Jersey Wage Payment Law (NJWPL), were both established to protect […]
Read More