Historically there has been an inherent imbalance of power between employers and employees in the workplace. Indeed, the employer-employee relationship in law used to be referred to as a “master-servant relationship”. www. law.cornell.edu. An example of this disparate power is found in noncompete agreements forced on employees which typically act…
On February 6, 2023, New Jersey Governor Phil Murphy signed into law the Temporary Workers’ Bill of Rights (“TWBR”) The enactment the TWBR marked a significant stride forward towards ensuring fair and just treatment for all New Jersey workers because it elevates labor standards and holds employers accountable. The TWBR…
Each claim brought against an employer has a statute of limitations which is the deadline for filing a lawsuit. Most lawsuits must be filed within a certain amount of time. In general, once the statute of limitations on a case expires the legal claim is no longer valid. However, a…
A crucial element in proving a claim brought under the New Jersey’s Conscientious Employee Protection Act (CEPA) is establishing a causal connection between the whistleblowing activity and the alleged resulting an adverse employment action (e.g., termination, suspension, demotion, denial of promotion, transfer, cut in pay, hostile work environment, etc.). In…
Earlier this month, Mashel Law defeated an attempt by a Defendant-Employer to dismiss our client’s whistleblowing lawsuit brought under New Jersey’s Conscientious Employee Protection Act (CEPA) and compel it to be decided through forced private arbitration. Arbitration is where parties contractually agree to resolve legal disputes through a private method…
Mashel Law filed a Complaint in the Middlesex County Superior Court on behalf of a client, whose initials are Q.B., alleging she was constructively terminated by out of state defendants because of her protected whistleblowing activities in violation of New Jersey’s Conscientious Employee Protection Act (CEPA). Q.B. was hired by…
On March 11, 2024, the U.S. Department of Labor’s (USDOL) final rule for determining whether a person is an employee or an independent contractor under the federal Fair Labor Standards Act (FLSA) will take effect. 29 CFR part 795. FLSA establishes minimum wage, overtime pay, recordkeeping and child labor standards…
Using enhanced powers provided by legislation signed by Governor Phil Murphy in 2020 and 2021 the New Jersey Attorney General’s Office recently filed a complaint (the “Complaint”) in the New Jerey Superior Court of Essex County on behalf the of the Commissioner of the New Jersey Department of Labor and…
A legal question recently presented to the New Jersey Superior Court on a Motion to Dismiss filed by a New Jersey based Defendant Corporation for answering was whether its former Plaintiff employee who worked remotely for it from her home in North Carolina was protected from an alleged unlawful retaliatory…
The Pregnant Workers Fairness Act (“PWFA”) which came into effect earlier this summer requires employers to provide “reasonable accommodations” for pregnant and postpartum workers went into effect expanding protections for millions of people. The PWFA applies to employers with 15 or more employees, including hourly workers. In addition to covering pregnant…