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
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 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
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
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
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
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
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:
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
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