Last week, the United States Supreme Court ruled that, no matter how much an employee earns per year, the primary exemptions to federal overtime pay requirement do not apply unless the employee is guaranteed to receive at least $455 per week for any week in which he or she performed any work for the employer. Michael Hewitt worked for Helix Energy Solutions Group as a “toolpusher” on an offshore rig.  Helix paid him a flat fee for each day he worked.  Mr. Hewitt worked for Helix for four consecutive weeks, typically 12 hours per day for seven days per week, followed by four weeks off ..read more

A decision from New Jersey’s Appellate Division recognizes that New Jersey’s whistleblower law, the Conscientious Employee Protection Act (“CEPA”), can apply to employees who work in other states. Stephanie Halliday worked for Bioreference Laboratories, Inc., a company that provides diagnostic testing and related services.  Bioreference’s headquarters is in Elmwood Park, New Jersey.  However, Ms. Halliday worked for it at a laboratory in Houston, Texas. Ms. Halliday objected to her supervisors that Bioreference was violating federal safety and health regulations and the Clinical Labo ..read more

We Have Moved to Bergen County Rabner Baumgart Ben-Asher & Nirenberg is pleased to announce the opening of our new modern office in Bergen County, New Jersey.  Effective immediately, we have moved to our beautiful new home: Bergen County Main Office ..read more

A recent decision by the Third Circuit Court of Appeals allows an employee to proceed with his retaliation claim based on evidence suggesting his employer’s decision to search his cellphone was an excuse to try to find support to fire him in retaliation for asserting claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (“ADA”) and the Family & Medical Leave Act (“FMLA”). Joseph Canada is Black and suffers from serious back problems including herniated discs and arthritis.  He worked for Samuel Grossi and Sons, Inc. for 10 years.  Mr. Canada ..read more

A new ruling from the Appellate Division addresses when an employer can be liable for unlawful harassment by one of its employees toward a customer or patron. The case was brought by Darien Cooper, who is gay.  Mr. Cooper received a massage at Rogo Brothers, Inc., which does business under the name Elements Massage (“Elements”).  The masseuse, Justine Middleton, asked Mr. Cooper about a tattoo on his arm.  During their ensuing conversation, Ms. Middleton told Mr. Cooper that she is Christian.  When Mr. Cooper later referred to his boyfriend, Ms. Middleton made demeaning and ..read more

A recent decision by the District of New Jersey allows an employee’s reverse race discrimination claim to proceed to a trial. Shannon Phillips worked for Starbucks Corporation for 13 years, most recently as a Regional Director of Operations.  In April 2018, a Caucasian store manager within Ms. Phillips’ district called the police to a Starbucks store where two African American men were in the store, but had not made a purchase.  The two men were arrested. This racial profiling incident received national media attention, and resulted in protests outside the store where it occurred. &n ..read more

Yesterday, the New Jersey Supreme Court clarified the “ABC test” used to determine if a worker is an employee or an independent contractor.  Specifically, it made it clear that just because someone works through their business is not enough to make them an independent contractor. The case began with a random audit by the New Jersey Department of Labor (“DOL”).  The DOL found 16 employees had been misclassified as independent contractors.  On appeal, East Bay Drywall (“East Bay”) contested that 11 of them were employees. The ABC test applies to determine if a worker is an employe ..read more

A recent ruling from New Jersey’s Appellate Division allows members of the Rutger’s women’s basketball team to continue with their lawsuit under the New Jersey Law Against Discrimination (“LAD”). Sharee Gordon, Adayshia McKinnon, Jade Howard, Arianna Williams and Sarah Schwartz were students at Rutgers-Newark University and members of the women’s basketball team. Gordon, Howard and Williams each identify themselves as African-American lesbians; McKinnon identifies as Black and bisexual; and Schwartz identifies as Hispanic and heterosexual. During the 2014-15 school year, the team’s head coach ..read more

Last week, in Savage v. Township of Neptune, the Appellate Division ruled that a 2019 amendment to the New Jersey Law Against Discrimination (“LAD”) does not prohibit parties from entering into non-disparagement clauses. The Appellate Division’s opinion involved Christine Savage, a Sergeant for the Township of Neptune Police Department.  Sgt. Savage brought an employment discrimination case against Neptune, Police Director Michael J. Bascom, Police Chief James M. Hunt, in which she alleged they engaged in sexual discrimination, harassment, and retaliation in violation of the LAD, the New ..read more

A recent opinion by New Jersey’s Appellate Division finds that an employee cannot bring a retaliation claim against a private employer for firing her for posting racially insensitive statements on Facebook. Heather J. McVey was a Corporate Director of Customer Service for AtlantiCare Medical System Incorporated and Geisinger Health System Incorporated.  Ms. McVey was an employee at-will, meaning AtlantiCare had the right to fire her for any reason, or for no reason at all, as long as it did not violate the law. During the protests following the murder of George Floyd, Ms. McVey engaged in ..read more