Employment Law and the Highly Compensated Employees
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30th Sep 2015
By Elizabeth Zuckerman, Esq. I. CONTRACTS Different types of contracts protect employees to varying degrees. A. At-Will: Beginning with the least protective, we have the at-will employment relationship. Everyone knows that, in New Jersey, an employer may fire an employee … more
Attendance Control Issues Under the ADA And FMLA
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A. Attendance Control Issues Under the ADA: (Q) Can a chronically absent or tardy employee perform the essential functions of his/her job? (A) If so, an employer may have to modify its attendance policies as a reasonable accommodation, unless the … more
A Little Used Provision of The LAD Protects Against Discrimination In Contracts
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New Jersey courts have made it clear that independent contractors, such as the skating instructor inPukowsky v. Caruso, 312 N.J. Super. 171 (App. Div. 1998), are not protected by section 12(a) of the NJLAD. That provision makes it unlawful for … more
“Adverse Employment Action” Covers Any Treatment Reasonably Likely To Deter Whistle-Blowing Activity
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By Elizabeth Zuckerman, Esq. The Conscientious Employee Protections Act (“CEPA”), at N.J.S.A. 34:19-2e, defines “retaliatory action” as “the discharge, suspension or demotion of an employee, or other adverse employment action taken against an employee in the terms and conditions of … more
