Swartz Swidler Prevails in Appellate Court Matter Dealing With Applicability of Dispute Resolution Provision of Employment Contract

Swartz Swidler recently prevailed in an appellate court matter dealing with the applicability of a dispute resolution provision of an employment contract. Swartz Swidler represents Dr. Forrest Anthony, the former vice president and chief medical officer for Eleison Pharmaceuticals, LLC. in Bordentown, New Jersey. In February 2012 the parties entered into an employment agreement. In

Recovering alcoholic claims illegal treatment and firing

A Florida resident filed suit against a New York City-based firm claiming violation of employment law in a 2012 series of alleged actions that he claims were orchestrated in retaliation for him being a recovering alcoholic. Plaintiff of Pompano Beach, Fla., sued Computer Generated Solutions in the U.S. District Court Middle District of Pennsylvania on July

Supreme Court clarifies when employers must accommodate pregnant employees

Pregnant Employees must be granted reasonable accommodations when the employer has provided similar accommodations to other individuals with similar limitations. The United States Supreme Court ruling is a victory for Peggy Young, a former driver for UPS who claimed the package company violated her rights under the Pregnancy Discrimination Act (PDA). She will now have

Supreme Court Upholds Determination that Loan Officers Were Entitled to Overtime

Mortgage loan officers might be now entitled to a 40-hour work week and overtime pay, after the U.S. Supreme Court ruled that the Department of Labor acted within its authority when it reclassified loan officers as non-exempt employees who are eligible for overtime. The ruling stems from a 2010 decision by the Department of Labor to reclassify loan officers.

Sexual Harassment and Discrimination in New Jersey

Sexual harassment is a specific type of workplace discrimination based on sex . It includes: unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in which submission to or rejection of such conduct explicitly or implicitly affects and individual’s work or creates an intimidating, hostile, or offensive

Employment Attorneys meet with EEOC to discuss National Origin Discrimination Concerns

An Equal Employment Opportunity Commission (“EEOC”) conference highlighting employment discrimination due to national origin was held in Washington, D.C. on November 13, 2013.

Discrimination on the basis of national origin is prohibited by Title VII of the Civil Rights Act of 1964. This protection can be broadly applied not only to discrimination resulting merely from a persons place of birth or ancestry. Also applicable would be discrimination on the basis of cultural or linguistic characteristic, such as accents and clothing. The law thus protects, for example, an Indian man’s right to wear a turban, or a Czech’s heavy accent.

New Jersey Voters Stand Behind Workers and Raise Minimum Wage

On November 4th New Jersey residents voted in favor of raising the state minimum wage to $8.25 an hour. Voters overwhelmingly supported the raise, which additionally amends the state Constitution to adjust the minimum wage in tandem with the rise of inflation.

The results of the public ballot will amend Article I of the New Jersey State Constitution. The amendment begins by stating its intentions rather triumphantly:

Employment Non Discrimination Act (“ENDA”) Passes the United States Senate

The country may be in store for a new federal civil rights act, this one protecting the rights of lesbian, gay, bisexual, and transgender employees from employment discrimination. Monday, U.S. Senate member voted to begin debate on the Employment nondiscrimination Act, also known as ENDA. A vote on whether or not to pass the law could happen as soon as later this week. If passed, the law would outlaw sexual orientation and gender identity discrimination nationwide, including in New Jersey and Pennsylvania.