Blog: Employment Law

Employees struggling with the trials and expenses of infertility may be entitled to insurance coverage for that treatment. The New Jersey Family Building Act, N.J.S.A. 17:48E-35.22, provides certain employees with the right to insurance coverage that covers services relating to infertility, such as medications, surgery, in vitro fertilization, and certain other services. More specifically, the law requires “health service corporation contracts” between insurance companies and certain employers to include coverage for “medically necessary expenses incurred...

Overview of Sexual Harassment Sexual harassment is a type of discrimination prohibited by employment laws on both state and federal levels. But when it comes to analyzing human behavior, things can get tricky. What if a fellow employee, manager, or someone else in the workplace says something or commits an action without intending to harass someone? Here is a short guide to sexual harassment in the workplace and how these issues are evaluated. Sexual...

What is Whistleblowing? When an employee makes the decision to “blow the whistle” on unethical or illegal conduct they witness from their employer, the employee faces the risk of retaliation from their employer for the employee’s whistleblowing. Retaliation can be something as simple as receiving undesirable assignments, or can be as severe as termination from employment. The fear of retaliation can keep many employees of good conscience quiet in the face of unethical, illegal, or...

About the Family Medical Leave Act The federal Family Medical Leave Act (FMLA) permits a qualified employee of a covered employer to take an unpaid leave of absence from work to address a medical issue or to care for an immediate family member. The FMLA protects an employee who takes qualified leave from discrimination, retaliation, or wrongful termination as a result of their taking FMLA leave. FMLA leave is available to qualified employees of covered...

As of Wednesday, October 29, 2018, Under the law, covered employees can earn up to 40 hours of paid sick leave per year; Figure out what the “benefit year” is. Under the law, the employer has to establish a 12-month period, known as a “benefit year,” during which you can accrue paid sick time. The “benefit year” must begin the later of either the effective date of the law (October 29, 2018) or...

In the first installment of our update to the New Jersey Equal Pay Act (the “Allen Act” or “Amendment”), we addressed the differences and similarities in the facts relevant to the analyses under the old regime as compared to the new. In this second installment, we address the differences in damages that may be recovered, as well as the changes to the statute of limitations. Under the prior Equal Pay Act, the employee could recover...

This is the first of two installments addressing the Diane B. Allen Equal Pay Act (the “Allen Act” or “Amendment”), an amendment to the New Jersey Law Against Discrimination (“LAD”), which the New Jersey Legislature passed On March 27, 2018 and which becomes effective July 1, 2018. The Allen Act broadens the protections provided under the New Jersey Equal Pay Act (“EPA”). But what does that mean, exactly. The former EPA, which was enacted in...

Moonlighting can be more dangerous than you think. All too often employees – especially those who are underpaid and underappreciated – consider moonlighting or starting their own business to augment their income. While we are strong believers in the cliché that people should follow their dreams and do what makes them happy, if (a) you are already employed and (b) in following your dreams your employer’s interests may be harmed, there are certain risks that...