Searching Content indexed under Employment Litigation/ Tribunals by Heather Weine Brochin ordered by Published Date Descending.
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New Jersey Law Requires Designation Of Forum In Arbitration Agreements
The New Jersey Appellate Division recently held that an arbitration agreement that failed to identify the forum or a process for selecting the forum was insufficient to form a contract between the parties...
United States
7 Jan 2019
Even Simple Misconduct Must Be Willful And Deliberate To Disqualify Employees From Unemployment Benefits In New Jersey
In New Jersey, whether and how long an employee discharged for misconduct is ineligible to receive unemployment benefits depends on the level of misconduct. Differentiating degrees of misconduct on a scale from simple to severe to gross, however, has proven to be a challenge for the New Jersey Department of Labor and Workforce Development (the Department).
United States
5 May 2017
SCOTUS: Employers Do Not Have To "Know" Of Applicant's Need For Religious Accommodation To Be Liable For Failure To Accommodate
Samantha Elauf applied for a position with Abercrombie & Fitch Stores, Inc. (Abercrombie), a retail clothing company well known for its signature "preppy" style.
United States
8 Jun 2015
SCOTUS: Employers Do Not Have To "Know" Of Applicant's Need For Religious Accommodation To Be Liable For Failure To Accommodate
The U.S. Supreme Court has made clear in EEOC v. Abercrombie & Fitch Stores, Inc., that an employer must not only accommodate an applicant's religious belief or practice, but also ask whether a suspected conflict between a work rule and religion in fact exists if the applicant does not raise the issue.
United States
5 Jun 2015
Court Validates Employee’s Electronic Acknowledgement Of Arbitration Agreement
In Ricci v. Sears Holding Corporation, the District of New Jersey held that an employee’s electronic acknowledgement of an employment arbitration agreement constituted valid acceptance of the terms of the arbitration policy.
United States
10 Apr 2015
New Jersey Supreme Court Adopts Affirmative Defense For Hostile Work Environment Claims, Making Training Even More Important
In a significant ruling making it more difficult for employers to be held liable for workplace harassment under the New Jersey Law Against Discrimination, the New Jersey Supreme Court recently adopted the affirmative defense previously set forth by the United States Supreme Court in two 1998 cases involving claims under federal anti-discrimination law, Burlington Industries v. Ellerth and Faragher v. Boca Raton.
United States
23 Feb 2015
Third Circuit Disregards "Mailbox Rule" In FMLA Case
In the recent case of Lupyan v. Corinthian Colleges Inc., the United States Court of Appeals for the Third Circuit ruled that, when an employee alleged she did not receive notice of her Family and Medical Leave Act ("FMLA") rights, the employer’s proof that it mailed such notice, without a return receipt or tracking information, was insufficient to avoid a lengthy litigation.
United States
25 Sep 2014
More Obligations and Penalties for New York Employers
On December 13, 2010, New York Gov. David Paterson signed the Wage Theft Prevention Act (the "Act") enhancing the notification obligations on New York employers. This amendment to the New York Labor Law also increases the penalties associated with violations and expands the scope of retaliation claims. The Act becomes effective April 12, 2011.
United States
22 Dec 2010
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