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Price, Meese, Shulman & D’Arminio, P.C. Blog

Price, Meese, Shulman & D’Arminio, PC has an established employment law department that is experienced in all facets of employment law, having represented many employers as well as employees in a multitude of settings, and in implementing policies and procedures to proactively avoid problems from developing. 

Non-Resident Employees May Sue Under the New Jersey Law Against Discrimination

          New Jersey’s Law Against Discrimination[1], commonly known as the “LAD,” prohibits discrimination against New Jersey inhabitants because of race, creed, color, national origin, ancestry, age, sex, gender identity or expression, sexual orientation, marital status, familial status, disability, military status or nationality in connection with matters of employment, public accommodation, public housing or the sale or leasing of real estate.  More specifically, it is often the principal basis for the assertion of claims based upon age or sexual discrimination brought against New Jersey employers by their in-state employees.

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Employee's Waiver of Compensation Claim Against Employer's Customer Held Unenforceable

           In any number of situations involving off-site premises employment, employers often require as a condition of employment that the employee agree to waive potential claims for personal injuries against the owner of the premises where the employee will be working.  Computer technicians, entertainers, security personnel and temporary help workers are among those categories of employees who are often singled out for this treatment, often as either a requirement of the employer’s customer or, perhaps, as the employer’s incentive to secure the work from its customer.  The New Jersey Supreme Court has just ruled that, whatever the reason, the courts in this state may not enforce such a waiver, thereby permitting the employee to proceed against the customer for personal injuries sustained on the customer’s premises as a result of the customer’s negligence or other breach of duty.

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When Is An Independent Contractor Not An “Independent Contractor”?

Many businesses, irrespective of size, seek to expand their workforce by contracting with “independent contractors” rather than growing by employee headcount. In addition to the increased flexibility that an “independent” business relationship may accommodate, companies may seek to grow or conduct business through the use or addition of independent contractors for more mundane reasons – including avoidance of matching payroll taxes, exclusion from employee benefit packages, union rules, or non-applicability of minimum and overtime wage laws.

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1376 Hits

Employee Compensation For Meal Breaks

Employee wage compensation suits brought under the federal Fair Labor Standards Acti are proliferating, especially within the context of class or collective actions which are commenced on behalf of large numbers of similarly-situated employees. These claims must be defended vigorously by public and private sector employers because of their potential exposure to substantial damage awards, as well as the significant attorneys’ fees sought by plaintiffs’ counsel under the statute. One of the current focuses of these claims is when, or whether, employees are entitled to payment for their meal periods. A recent decision of the United States Court of Appeals for the Third Circuit, Babcock v. Butler Countyii , has established in the Third Circuit (which includes the states of New Jersey and Pennsylvania, among others) the relevant guidelines under what has been labeled as the “predominant benefit” test.

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2050 Hits

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