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.
New Jersey employees had reason to rejoice this summer, as the New Jersey legislature passed two pieces of legislation on August 27th that strengthens employee privacy and prohibit certain types of discrimination based on private matters.
A Red Lobster Franchisee, GMRI, Inc., has been charged in a lawsuit alleging pervasive sexual harassment and discrimination at its Salisbury, MD location, in violation of federal law. The Philadelphia Equal Employment Opportunity Commission (“EEOC”) district office in Pennsylvania is bringing the claim. The EEOC is a federal agency charged with handling employment discrimination
Equal Employment Opportunity Commission (EEOC) reaches settlement with Toys “R” Us in Employment Discrimination Lawsuit
The Equal Employment Opportunity Commission (EEOC) has reached a settlement with Toys “R” Us in an employment discrimination lawsuit. Toys “R” Us is one of the world’s largest retailers of toys and children’s products in the world, and has multiple retail locations in Pennsylvania, New Jersey, and all around the United States. The disability discrimination lawsuit filed at the Philadelphia EEOC district office against Toys “R” Us, Inc. has resulted in a $35,000 settlement and payment of significant equitable relief for employment discrimination. The settlement is one in a number of rising employment discrimination lawsuits settling in the EEOC district offices of New Jersey and Pennsylvania.
SALT LAKE CITY, UTAH: The class and collective action lawsuit filed against C.R. England earlier this year is becoming a major legal battle between the company’s current and former truck drivers and the company. As of the writing of this article, more than 5,000 C.R. England drivers have filed Consent Forms to join the C.R. England Class Action Lawsuit (as of 11/9/2013). The collective and class action lawsuit, which was filed in the United States District Court for the District of Utah earlier this year, was certified as a collective action in September of 2013.
New Jersey Supreme Court rules against Discrimination as New Jersey becomes 14th State to Legalize Same Sex Marriage
TRENTON, NEW JERSEY (NJ): On October 18, 2013, the Supreme Court of New Jersey (NJ) unanimously ruled to enforce the Mercer County Superior Court Judge’s decision declaring the state’s marriage law banning same-sex marriage to constitute unlawful discrimination and accordingly, unconstitutional. Judge Mary Jacobson of Mercer County Superior Court ruled on September 27, 2013 in favor of same-sex couples who challenged the law regarding civil unions, arguing the law restricted federal benefits given to heterosexual married couples. For example, under federal and New Jersey (NJ) employment laws, legally married couples may take leave to provide care to a spouse with a serious medical condition (under the Family Medical Leave Act, “FMLA”, and the New Jersey Family Leave Act, “NJ FLA”). However, couples not legally married are not entitled to such protections.
SALT LAKE CITY: On September 5, 2013, the United States District Court for the District of Utah entered an order conditionally certifying class of drivers who are or were employed by C.R. England at any point from July of 2010 through the present. The drivers contend that C.R. England violated violated the Fair Labor Standards Act (“FLSA”) and paid its drivers below the federal minimum wage for all hours worked.
A former Chili’s employee suffering from a rare medical disability who asserts that Chili’s discriminated against him and failed to accommodate his disability, in violation of the New Jersey Law Against Discrimination (NJ LAD) will not be required to arbitrate his claims despite having signed an arbitration agreement at the time of his hire.
DALLAS, TEXAS: Earlier this week, three over-the-road truck drivers of Stevens Transport, Inc. filed a class and collective action lawsuit asserting that the trucking company violated the federal Fair Labor Standards Act (“FLSA”) by paying them under the federal minimum wage for all hours worked. Swartz Swidler, LLC, an employment law firm in Cherry Hill, New Jersey (NJ) which focuses on employment law with an emphasis on wage and hour litigation, represents the truck drivers in the action.
More than 13,000 Truck Drivers have already joined the Werner Collective Action Fair Labor Standards Act (“FLSA”) Lawsuit
The Fair Labor Standards Act (“FLSA”) collective action lawsuit filed by four truck drivers in Omaha, Nebraska against Werner Enterprises and Drivers Management, LLC, which already was one of the largest such collective action lawsuits ever certified against the trucking industry, is rapidly becoming one of the largest collective action lawsuits in the nation. (Update: as of October 2013, more than 13,000 truck drivers have filed Consent Forms with the Court).