Subscribe to Our Feed“Borgata Babes” Physical Appearance Standards Do Not Violate The NJLAD
The Borgata Casino in Atlantic City successfully disposed of an action brought by 22 female employees working as “Borgata Babes.” Borgata Babes are costumed beverage servers – described as part server and part entertainer. The 22 female plaintiffs claimed they were subjected to an atmosphere of intense sexual objectification and forced to adhere to an […]
New Jersey Enacts Law Providing Leave From Employment For Victims Of Domestic Violence And Sexually Violent Offenses
The New Jersey Security And Financial Empowerment Act (A-2919 or “the SAFE Act”), which becomes effective November 1, 2013, provides employees who suffer from an incident of domestic violence or sexually violent offense (as defined by N.J.S.A. 2C:25-19 and 30:4-27.6) with up to 20 days of unpaid leave to seek treatment or engage in other […]
New Jersey Supreme Court Clarifies Standards For LAD And CEPA Retaliation Claims
On July 17, 2013 the New Jersey Supreme Court decided Battaglia v. United Parcel Service, A-86/87-11 which clarified the standard for retaliation claims brought under New Jersey Law Against Discrimination (LAD) and the Conscientious Employee Protection Act (CEPA). The LAD prohibits an employer from retaliating against an employee who opposes discrimination. CEPA prohibits retaliation for […]
NJ Company to Pay Over 3 Million Dollars For Wage & Hour Violations
Daniyal Enterprises LLC, the owner of 72 gas stations in New Jersey, recently entered into a settlement with the United States Department of Labor (“DOL”) wherein it agreed to pay almost 3.1 million dollars in overtime back wages and penalties. Attendants at gas stations owned by Daniyal (Roadway Fuel, Ali Fuel, Green Fuel) worked up […]
Compliance With Wage & Hour Laws In The Wake Of Hurricane Sandy
Whether a NJ employer forced to shut down its operations as a result of Hurricane Sandy, or related event, is required to pay wages for the period of closure depends, in large part, on the classification of the affected employee under federal and state wage and hour laws. In other words, is the employee an […]
Update: April 30, 2012 NLRB Notice Posting Deadline Postponed Pending Appellate Court Review
In light of the South Carolina District Court’s April 13, 2012 decision holding that the NLRB lacks authority to promulgate its notice-posting rule, the U.S. Court of Appeals for the DC Circuit has granted an emergency motion to enjoin enforcement of the rule pending resolution of appellate issues. The Court of Appeals entered an Order […]
The Social Media Battle Between An Employer's Right To Know, and An Applicant's Right To Privacy.
Employer’s right to know vs. Applicant’s privacy rights.
Jay S. Becker Featured Guest on blogtalkradio’s Business Dig Discussing The Importance Of A Social Media Policy
Whether you have one employee or hundreds, in today’s electronic world, you should assume that your employees are using some type of social media in their personal lives, and likely in their professional lives too. Are you? Is your company or organization taking advantage of social media marketing such as Facebook, Twitter, You Tube, LinkedIn […]
Jay Becker & Ari Burd Author Article, "A Review of the ADAAA Final Regulations"
Although the ADA Amendments Act of 2008 (ADAAA) was enacted on Sept. 25, 2008, and became effective Jan. 1, 2009, the U.S. Equal Employment Opportunity Commission (EEOC) did not issue the final amended regulations to the ADAAA until March 25, 2011. These regulations, which became effective on May 24, 2011, provide guidance to employers regarding […]
Union Attacks Homebuilder's Use of Independent Contractors
In 2007, New Jersey became the first state to enact legislation giving a private right of action to workers who claim to have been denied employment because of a contractor’s knowing misclassification of its laborers as independent contractors. In a recent suit filed this month, N.J. Regional Council of Carpenters v. D.R. Horton, the Union […]
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