Many people believe certain myths about employment law both in New Jersey and elsewhere. While it is improbable that you would know all of the various employment laws, the attorneys at Swartz Swidler, LLC believe that it is important for you to understand how you are both affected and protected under the existing employment laws.
Court sides with drivers, holds that Werner violated the law. As many of you know, we have been, and continue to, fight very hard for all drivers of Werner. Since 2011, we have been litigating Petrone v. Werner Enterprises. For years, we have worked to convince the courts (and Werner) that Werner fails to pay
New Jersey Supreme Court Holds That Protections of State Whistleblower Statute Apply to so-Called “Watchdog” Employees
On July 15, 2015, the New Jersey Supreme Court issued a decision in which it held that the protections of the state whistleblower statute, the Conscientious Employee Protection Act (“CEPA”), apply to so-called “watchdog” employees and that such employees need not meet a heightened standard when establishing that they engaged in whistleblowing activity. Confusion as
The Seventh Circuit holds that FedEx Delivery Drivers are employees, and not independent contractors, of FedEx.
The ruling from the Seventh Circuit has strong implications for drivers working across the United States who have been classified as “independent contractors” and forced to pay for fuel, lease payments, insurance, and other business expenses relating to their work. On July 8th, 2015 the U.S. Court of Appeals for the Seventh Circuit adopted the
On June 26, 2015, the Supreme Court ruled in favor of plaintiffs in Obergefell et al vs. Hodges, Director, Ohio Department of Health, et al, (No. 14-556), allowing same sex couples to marry in every state. The landmark decision, authored by Justice Kennedy, held that the plaintiffs, who were seeking “equal dignity in the eyes
Employer must reasonably accommodate religious practices under Title VII regardless of actual knowledge of belief
On June 1st, The Supreme Court issued an opinion in the case Equal Employment Opportunity Commission v. Abrecrombie & Fitch Stores, Inc; an employment discrimination lawsuit in which Abercrombie refused to hire Samantha Elauf, a practicing Muslim, because the headscarf that she wore pursuant to her religious obligations conflicted with Abercrombie’s employee dress policy. The
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
The United States District Court District of New Jersey preliminarily approved a settlement to pay for alleged violations of the Fair Labor Standards Act (the “FLSA”), the New Jersey Wage and Hour Law, and the New Jersey Wage Payment Law. TRENTON, NJ: The settlement resolves a lawsuit that was filed back in 2013 over whether