What Is the Difference Between the ADA and the FMLA?

Employees who have serious health conditions might be covered under two federal laws, including the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Understanding the types of protection these two laws provide and the types of employers that are covered by them is important when you have suffered a serious

Can I Qualify for Disability Benefits Due to a Behavioral Health Condition?

Some employees are unable to continue working because of disabling mental health conditions. They might fail at their jobs because of the way their mental health conditions interfere with their ability to perform the tasks of their jobs. Some people suffer from chronic mental health conditions that prevent them from returning to work on a

Can You Take FMLA Twice In One Year For Different Reasons In NJ?

If you work for a covered employer in New Jersey and are an eligible employee, you are entitled to take leave from work under the federal Family and Medical Leave Act (FMLA). Under the FMLA, eligible employees can take leave from work for 12 weeks or less to care for their family members’ serious medical

Sexual Harassment At Off-Site Company Events

Workplace sexual harassment is illegal under state and federal law. In some cases, employers might also be liable when sexual harassment happens at a place or event outside of their employee’s regular working hours, including company parties, picnics, receptions, dinners, and others when their employees are present because of their employment relationship. Employers might be

What Are The Three Types of FMLA Leave?

While not all employers are covered under the federal Family and Medical Leave Act (FMLA), those that are must allow their eligible employees to take up to 12 weeks of leave off from work each year to care for their own or their immediate family members’ serious medical conditions. This type of leave is unpaid.

What Is the Civil Rights Act of 1991

While many people have heard of the Civil Rights Act of 1964, fewer might know about the Civil Rights Act of 1991. This law was enacted because of several unpopular U.S. Supreme Court decisions and overturned them. It also amended several portions of Title VII of the Civil Rights Act of 1964. The amendments also

Subpoenas: What To Expect in Sexual Harassment Cases

Sexual harassment in the workplace has continued to be a problem despite federal and state laws that make it illegal. In some cases, sexual harassment cases are litigated in court when employers fail to take action to stop the harassment. Employees are protected against sexual harassment by local, state, and federal laws as well as

What Are Examples of FMLA Leave?

Eligible employees who work for companies that are covered by the Family and Medical Leave Act (FMLA) can take up to 12 weeks off from their jobs because of their own or their close family members’ serious medical conditions. However, they can only take leave under the FMLA for specific listed reasons. Understanding when FMLA

What Are Prohibited Employment Policies

Under the federal anti-discrimination laws, it is illegal for employers in New Jersey, Pennsylvania, and throughout the U.S. to have employment policies that discriminate against applicants or employees based on their color, race, religion, national origin, sex, and other protected statuses unless they are necessary for business reasons. The employment lawyers at Swartz Swidler can

What Constitutes Workplace Bullying, Harassment or Discrimination In 2022

Employers must ensure that they prevent illegal harassment and discrimination based on the protected characteristics of their applicants and employees in the workplace in all aspects of employment. The prohibitions against discrimination and harassment in the workplace are outlined under Title VII of the Civil Rights Act of 1964 and other relevant federal and state