Publications

4/20 Special Report – NJ Recreational Marijuana Lights Up Tomorrow. In case you have been in a stupor and missed it, New Jersey will begin adult recreational cannabis sales tomorrow, April 21. For employers in and around New Jersey, the expanded use of marijuana may bring more headaches in terms of drug testing, attendance problems, […]

Woke Alert: Not Every Creepy Work Environment Is Unlawful Harassment. The #MeToo movement and other social changes have made employees more aware of their rights, and more prone to speak up or even file suit if they feel they have been treated unfairly based on sex, race, or other protected statuses. But a decision last

Security Guard Wanted Segway to Roll Through Work, Loses Disability Claim. This next story needs no segue, but if you need visuals, see Paul Blart: Mall Cop. Security guard Roderick Gaines claimed he needed a Segway to get around in his job at an Atlantic County, New Jersey facility because he had a dropped foot.

New York Requires Notice of Electronic Monitoring. It has long been a best practice for employers to include in their employee handbooks a provision putting employees on notice that their use of company computer, phone and email systems is subject to employer monitoring. New York now has made such notice mandatory, amending the state’s Civil

Happier New Year in Philadelphia – City Bans Marijuana Testing. Philadelphia’s ban on pre-employment marijuana testing took effect January 1, 2022. The ordinance prohibits pre-employment marijuana testing as a condition of employment. Big exhale for a lot of job seekers out there. Employers and employees should know, however, that the law does not make for-cause

New Jersey’s Minimum Wage Increases to $13/hour. Effective January 1, 2022, the New Jersey minimum wage increased to $13 per hour for most workers. The rate will climb to $15 by January 1, 2024. Most employees have minimum wage protection under the law, but there are exceptions, including automobile salespersons, outside salespersons, and minors under

Lawyer Working Primarily on Secretarial Duties Entitled to Hourly Pay Under FLSA. From the facts reported in a Rhode Island lawsuit, Sebren v. Harrison, the law firm run by Casby Harrison, III, was not a great place to work. Sarah Sebren started there as a secretary/paralegal and was paid only for hours that the firm

NLRB on the Offense: College Athletes Will Be Viewed As Employees. The National Labor Relations Board’s new General Counsel, Jennifer Abruzzo, has made clear that the Board will take the position going forward that, where appropriate, college athletes should be considered and classified as employees and not merely as “student-athletes.” She quoted Justice Kavanaugh’s concurring

In case you missed it, a jury in California this month awarded Owen Diaz the electrifying amount of $137 million in his race discrimination suit against Tesla Inc., including $6.9 million for emotional distress and a walloping $130 million in punitive damages. Diaz put on evidence at trial of repeated use of the N-word at

In-house Counsel Beware – Not All Comments Are Privileged. A recent federal court decision in Michigan serves as a warning to in-house counsel that not every legal opinion that radiates from their hallowed lips is blessed with the protections of attorney-client privilege. ” In Schankin v. Commercial Steel Treating Corp., the record revealed that the