Jonathan I Labor and Employment Law Blog

On September 23, 2009, the United States Court of Appeals for the Third Circuit discussed when an employee’s time working from home counts toward the 1,250 minimum hours required for an employee to be covered by the Family & Medical Leave Act (FMLA).... Read More

The EEOC recently issued guidance to employees who are offered severance agreements that include releases of employment law claims after they have been laid off or otherwise fired.  The EEOC answers questions employees might have regarding severance agreement that require them to waive their rights under employment laws such as Title VII, the ADA, and the ADEA.... Read More

Earlier this year, in Stengart v. Loving Care Agency, Inc., New Jersey’s Appellate Division ruled that confidential emails employees send to their lawyers using company computers are protected by the attorney-client privilege.

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On May 22, 2009, in the case of Sassaman v. Gamache, Commissioner, Dutchess County Board of Elections, the United States Court of Appeals for the Second Circuit reinstated the sex discrimination claim of an employee who was forced to resign because another... Read More

The New Jersey Law Against Discrimination prohibits employers from discriminating against employees based on age.  However, it does not prohibit employers from refusing to hire or promote a person over 70 years old.  In Nini v. Mercer County Community College, the New Jersey Appellate Division ruled that the over-seventy exception does not apply to a company’s failure to renew the employment contract of an employee over 70 years old.

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If you have been the victim of unlawful discrimination or harassment, you might be able to sue your employer for under New York law even if you never worked in New York.  At least according to one New York appellate court, employees can bring discrimination claims under New York’s anti-discrimination law if they are residents of New York or if the company made its discriminatory decision in New York, even if their jobs were out of state.... Read More

Last month, the United States Equal Employment Opportunity Commission (EEOC) published suggested best practices for companies to minimize the chance of violating the rights of employees who are also caregivers.... Read More

Earlier this year, the United States Court of Appeals for the Third Circuit recognized that under the appropriate circumstances a judge should increase lost wages damages awards in employment law cases to offset the adverse tax consequence of receiving a lump sum payment for lost salary and benefits, rather than receiving the money over a period of years.... Read More

Imagine that a company’s Vice President offered you a great new job. Better yet, he or she offered you a guaranteed written one year employment contract that provides a generous salary and benefits. You signed the contract and started the job, only to be told by someone in the human resources department that the Vice President who hired you did not have the authority to offer you an employment contract, the company has hired someone else for your job, and you are fired. Do you have a legal... Read More

On January 26, 2009, the United States Supreme Court unanimously ruled that Title VII of the Civil Rights Act of 1964 (Title VII) prohibits retaliation against employees who speak out about harassment while answering questions as part of a company’s internal harassment investigation.... Read More