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What is an Adverse Employment Action, Anyway?

January 28, 2026

By: Gaetan J. Alfano , Mark T. Sottile

Employment discrimination lawsuits are almost invariably triggered by an “adverse action.” The standard burden-shifting framework for a plaintiff to prove her prima facie Title VII discrimination case reads: A plaintiff must present sufficient evidence that she was: 1) a member of a protected class; 2) qualified for the position; 3) suffered an adverse employment action; and 4) under circumstances giving rise to an inference of discrimination. Read More

NJ Expands Wage Law to Cover Commissions – How It Compares to PA

April 23, 2025

By: Scott A. Coffina , Jesse Marra

The New Jersey Supreme Court recently ruled that commissions are considered “wages” under New Jersey’s Wage Payment Law (“NJWPL”). This decision—which allows employees whose commissions are not timely paid to recover 200% of the unpaid commissions, plus attorneys’ fees and costs—brings the NJWPL in line with its sister state Pennsylvania’s Wage Payment Collection Law. Read More
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