Can a Catholic Church which owns and operates a religious parochial school discharge one of its unmarried teachers because she became pregnant in violation of the Catholic Church’s teachings and her employment contract which both forbade engaging in premarital sex? In Crisitello v. St. Theresa School, 2023 N.J. LEXIS 847…
The New Jersey Supreme Court has yet to decide whether an out-of-state remote worker who worked for a New Jersey-based company is protected by New Jersey’s laws prohibiting workplace discrimination. This is why the New Jersey District Court for the District of New Jersey in Schulman v. Zoetis, Inc., 2023…
“A constructive discharge occurs when the employer has imposed upon an employee working conditions ‘so intolerable that a reasonable person subject to them would resign.'” Daniels v. Mut. Life Ins. Co., 340 N.J. Super. 11, 17 (App. Div. 2001) (quoting Muench v. Twp. of Haddon, 255 N.J. Super. 288, 302…
Plaintiff Kalloo, age 61, worked for New York New Jersey Rail, LLC (NYNJR) for some 13 years as a train engineer. He got into a physical altercation with a coworker who was only 23 years old. Witnesses seemed to corroborate that Kalloo was the instigator. Kalloo was terminated for cause…
In a case of first impression, Judge O’Hearn of the United Stated District Court of the District of New Jersey (USDNJ) concluded that there is neither an express or implied cause of action under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”), N.J.S.A. 24:6I-52. Judge O’Hearn…
Recently the New Jersey Appellate Division held that a 60-year-old electronics systems engineer and computer programmer with a Ph.D. did not make out a case for age or disability discrimination under New Jersey’s Law Against Discrimination (LAD) after refusing a temporary assignment as a field telephone pole lineman. In Estate…
The New Jersey Wage and Hour Law (WHL) and the New Jersey Wage Payment Law (WPL) require that New Jersey workers be timely paid for all wages earned including, but not limited to, being paid an overtime rate of 1½ times their regular rate of pay for all hours worked…
In New Jersey an employee can prove they were the victim of workplace discrimination in violation of New Jersey’s Law Against Discrimination (LAD) or unlawful whistleblowing retaliation in violation of New Jersey’s Conscientious Employee Protection Act (CEPA) by presenting evidence that an equal or subordinate coworker influenced the employer to…
In East Bay Drywall, LLC v. Department of Labor & Workforce Development 2022 N.J. LEXIS 671 (2022) the New Jersey Supreme Court reaffirmed that an alleged employer must satisfy each element of the ABC Control test to establish they properly classified their workers as independent contractors as opposed to employees. N.J.S.A.…
In Okakpu v. Irvington Bd. of Education, 2022 N.J. Super. Unpub. LEXIS 1297 (decided July 18, 2022), our Appellate Division was asked to decide whether a triable issue was created by the Irvington Board of Education (“IBOE”) stating that one of the reasons it decided not to renew the contract…