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)... Read MoreBy: Mark T. Sottile , Joshua D. Hill
Here is yet another reason why employers should have written policies, including with respect to employees who separate from employment, whether through resignation or termination. In a case of first impression under the Computer Fraud and Abuse Act ( “CFAA”), the Third Circuit vacated a CFAA conviction and held that... Read MoreBy: Mark T. Sottile
The short answer is probably not. Performance improvement plans or PIPs are an effective tool to document an employee’s work issues, establishing constructive goals over a set time frame. Ideally, the employee improves their performance and works with newfound success. Employee redeemed. Lawsuit averted. If the employee fails to correct... Read MoreBy: Scott A. Coffina , Jesse Marra
New Jersey’s recently-enacted Pay Transparency Act will usher in significant changes for employers operating in the Garden State. Effective June 1, 2025, the Act mandates that covered employers disclose compensation details in job postings and provide notice of promotional opportunities to current employees. Who Is Covered? The Act applies to... Read MoreBy: James F. Marrion , Daniel F. Pollack
Starting on May 18, 2025, the Pennsylvania Automobile Lemon Law will include motorcycles for the first time as, “new motor vehicles.” Specifically, the law to go in effect particularly advises that the term, “new motor vehicle” includes motorcycles but does not include motor homes, off-road vehicles or dual sport motorcycles... Read MoreBy: 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... Read MoreBy: Gaetan J. Alfano
The past few decades have seen a Supreme Court receptive to claims brought on the basis of freedom of religion. For example, in Burwell v. Hobby Lobby Stores, Inc. (June 2014), the Supreme Court ruled that the Affordable Care Act’s mandate requiring employers to cover contraception burdened the religious freedom... Read MoreBy: Gaetan J. Alfano , Tatyanah M. Brehouse
On February 13, 2025, U.S. House Republican, Kevin Kiley, introduced two bills that would fundamentally change how employers classify workers as well as impact wage and hour litigation. Aimed at supporting and protecting independent contractors, the Modern Worker Empowerment Act (H.B. 1319) and the Modern Worker Security Act (H.B. 1320)... Read More