Legislature Considering Bill to Amend the New Jersey Law Against Discrimination to Expand the Rights of Pregnant Employees

On September 30, 2013, New Jersey (NJ) Senate proposed legislation requiring employers to make reasonable accommodation available for pregnancy-related needs when requested by the employees with the advice of their physician. Currently, under the New Jersey Law Against Discrimination (NJ LAD), there is no requirement that preferential leave be given to a pregnant employee, unless complications related to the pregnancy rise to the level of a disability under New Jersey discrimination law.

Reports of Religious Discrimination Rising in New Jersey

Religious discrimination in the workplace continues to rise in New Jersey and around the country.  As the Wall Street Journal recently reported,  reports of employment-based religious-discrimination are sky rocketing.  The Equal Employment Opportunity Commission (EEOC) has reported a surge of wide-ranging employee claims of religious discrimination as expressions of faith have grown more diverse. The EEOC defines religious-discrimination as “treating a person (applicant or employee) unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religious … but also others who have sincerely held religious, ethical or moral beliefs. Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion or because of his or her connection with a religious organization or group.”

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.

Disability Discrimination Plaintiff Will Not Have to Arbitrate Claims

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.

Truck Drivers Bring Fair Labor Standards Act (“FLSA”) Action Against Stevens Transport

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).

Swartz Swidler files Sexual Harasment and Wrongful Termination Employment Lawsuit in Philadelphia, Pennsylvania

On May 6, 2013, New Jersey (NJ) and Pennsylvania (PA) employment attorneys Swartz Swidler, LLC, on behalf of a former female employee of Tosoh Bioscience, LLC filed a federal lawsuit in Philadelphia asserting that the employee was subjected to severe sexual harasment and fired for complaining of same, in violation of Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act. (“PHRA”).

Employment Law Firm Swartz Swidler, LLC files federal discrimination lawsuit alleging Disability Discrimination

On May 3, 2013, a former employee of Scientific Games, Corp. filed a federal lawsuit in Harrisburg, Pennsylvania, asserting that he was wrongfully discharged in violation of the Americans with Disabilities Act (“ADA”) and the Pennsylvania Human Relations Act (PHRA).   New Jersey (NJ) and Pennsylvania wrongful termination attorneys, Swartz Swidler, LLC represents the employee in his fight.

Swartz Swidler, LLC files Class and Collective Action Lawsuit Asserting Violations of New Jersey and Federal Wage Laws (FLSA)

On May 2, 2013,  a former employee of GHM Associates of America, Inc. filed a federal lawsuit in Trenton, New Jersey (NJ) asserting violations of the Fair Labor Standards Act, (“FLSA”), the New Jersey Wage and Hour Law (“NJ WHL”), and the New Jersey Wage Payment and Collection Law (“NJ WPCL”).  The employee contends that