TRIAL COURT AGREES WITH MASHEL LAW THAT AN EMPLOYER’S FORUM SELECTION CLAUSE REQUIRING THEIR CLIENT’S DISCRIMINATION CLAIMS TO BE FILED ONLY IN TENNESSEE IS UNENFORCEABLE.
New Jersey Employment Attorneys Blog
by Mashel Law, L.L.C.
1M ago
On behalf of a client, Mashel Law recently filed a multicount complaint in the New Jersey Superior Court alleging, inter. alia., that she as the Plaintiff/Employee, was the victim of a hostile work environment and disparate treatment because of her female gender which ultimately resulted in her retaliatory wrongful discharge for complaining about the alleged ..read more
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THE NEW JERSEY SUPREME COURT STRIKES DOWN NON-DISPARAGEMENT CLAUSES IN DISCRIMINATION SETTLEMENTS
New Jersey Employment Attorneys Blog
by Mashel Law, L.L.C.
5M ago
Non-disparagement clauses in settlement agreements are provisions designed to prohibit designated parties from making negative, critical, or disparaging statements about the releasing party or each other. Until recently these clauses were used in employment settlement agreements to prevent claimants from bad-mouthing former employers or associated parties, or more broadly, to prevent settling parties from discussing the claims which served as the subject of the settlement agreement. However, in Christine Savage v. Township of Neptune, 2024 N.J. LEXIS 377 (2024), the New Jersey Supreme Court he ..read more
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THE FEDERAL TRADE COMMISSION TAKES THE MONUMENTAL STEP OF BANNING MOST NONCOMPETE AGREEMENTS
New Jersey Employment Attorneys Blog
by Mashel Law, L.L.C.
6M ago
Historically there has been an inherent imbalance of power between employers and employees in the workplace. Indeed, the employer-employee relationship in law used to be referred to as a “master-servant relationship”. www. law.cornell.edu. An example of this disparate power is found in noncompete agreements forced on employees which typically act to restrict the ability of employees to enter the marketplace to attain higher paying jobs and/or those with better work conditions. According to a recent article in the Washington Post more than 30 million employees or 18% of the United States workfo ..read more
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NEW JERSEY’S TEMPORARY WORKERS’ BILL OF RIGHTS PROVIDES COMPREHENSIVE PROTECTIONS FOR VULNERABLE TEMPORARY WORKERS
New Jersey Employment Attorneys Blog
by Mashel Law, L.L.C.
7M ago
On February 6, 2023, New Jersey Governor Phil Murphy signed into law the Temporary Workers’ Bill of Rights (“TWBR”) The enactment the TWBR marked a significant stride forward towards ensuring fair and just treatment for all New Jersey workers because it elevates labor standards and holds employers accountable. The TWBR protects a category of workers known as “temporary laborers.” These temporary laborers include workers in diverse fields such as construction, service and food preparation, installation, repair, and many others. Specific examples of covered occupations under the law range from c ..read more
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NEW JERSEY APPELLATE COURT SAYS EMPLOYEES MAY USE THE CONTINUING VIOLATION THEORY TO ALLOW A JURY TO HEAR MATERIAL FACTS THAT OCCUR OUTSIDE THE STATUTE OF LIMITATIONS.
New Jersey Employment Attorneys Blog
by Mashel Law, L.L.C.
8M ago
Each claim brought against an employer has a statute of limitations which is the deadline for filing a lawsuit. Most lawsuits must be filed within a certain amount of time. In general, once the statute of limitations on a case expires the legal claim is no longer valid. However, a legal doctrine called the continuing tort or continuing violation theory if applicable may create an equitable exception to the statute of limitations deadline. Under this doctrine for an individual who is subjected to a continual, cumulative pattern of tortious conduct, the statute of limitations does not begin to r ..read more
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APPELLATE DIVISION UNDERSCORES THE IMPORTANCE OF A CAUSAL NEXUS BEING ESTABLISHED IN CLAIMS BROUGHT UNDER NEW JERSEY’S CONSCIENTIOUS EMPLOYEE PROTECTION ACT
New Jersey Employment Attorneys Blog
by Mashel Law, L.L.C.
8M ago
A crucial element in proving a claim brought under the New Jersey’s Conscientious Employee Protection Act (CEPA) is establishing a causal connection between the whistleblowing activity and the alleged resulting an adverse employment action (e.g., termination, suspension, demotion, denial of promotion, transfer, cut in pay, hostile work environment, etc.). In the recent New Jersey Appellate Division case, Ugarte v. Barnabas Health Med. Grp. PC, 2024 N.J. Super. Unpub. LEXIS 240 (App. Div. Feb. 16, 2024), the significance of this causal nexus was underscored. In Ugarte, the plaintiff complained ..read more
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NEW JERSEY JUDGE SAYS MASHEL LAW CLIENT WHO FILED A WHISTLEBLOWER LAWSUIT AGAINST HER FORMER EMPLOYER DOES NOT HAVE TO GO TO ARBITRATION
New Jersey Employment Attorneys Blog
by Mashel Law, L.L.C.
9M ago
Earlier this month, Mashel Law defeated an attempt by a Defendant-Employer to dismiss our client’s whistleblowing lawsuit brought under New Jersey’s Conscientious Employee Protection Act (CEPA) and compel it to be decided through forced private arbitration. Arbitration is where parties contractually agree to resolve legal disputes through a private method of alternative dispute resolution involving what is supposed to be a neutral person who sits as judge and jury and renders a binding decision. This means under arbitration parties waive their right to sue in court to resolve their l ..read more
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NEW FEDERAL RULE ADOPTED ON WHETHER TO CLASSIFY A WORKER AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR
New Jersey Employment Attorneys Blog
by Mashel Law, L.L.C.
10M ago
On March 11, 2024, the U.S. Department of Labor’s (USDOL) final rule for determining whether a person is an employee or an independent contractor under the federal Fair Labor Standards Act (FLSA) will take effect. 29 CFR part 795. FLSA establishes minimum wage, overtime pay, recordkeeping and child labor standards affecting full and part time workers in both the private and public sectors. Employees receive the protection of the FLSA as opposed to independent contractors who do not because they are considered in business for themselves. Whether a worker is an employee or an independent contrac ..read more
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NEW JERSEY SUPERIOR COURT JUDGE RULES THAT NEW JERSEY’S WHISTLEBLOWING LAWS APPLY TO PROTECT AN OUT-OF-STATE EMPLOYEE WORKING REMOTELY FROM NORTH CAROLINA FOR A NEW JERSEY-BASED CORPORATION.
New Jersey Employment Attorneys Blog
by Mashel Law, L.L.C.
1y ago
A legal question recently presented to the New Jersey Superior Court on a Motion to Dismiss filed by a New Jersey based Defendant Corporation for answering was whether its former Plaintiff employee who worked remotely for it from her home in North Carolina was protected from an alleged unlawful retaliatory discharge in violation of New Jersey’s whistleblower law entitled the New Jersey Conscientious Employee Protection Act (CEPA). In answering this question in the affirmative by denying Defendant’s motion, the Superior Court accepted Plaintiff’s argument that CEPA applied to the Plaintiff beca ..read more
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THE FEDERAL PREGNANT WORKERS FAIRNESS ACT AND THE NEW LAW AGAINST DISCRIMINATION REQUIRE NEW JERSEY EMPLOYERS TO PROVIDE THEIR PREGNANT OR POSTPARTUM WORKERS WITH REASONABLE ACCOMMODATIONS
New Jersey Employment Attorneys Blog
by Mashel Law, L.L.C.
1y ago
The Pregnant Workers Fairness Act (“PWFA”) which came into effect earlier this summer requires employers to provide “reasonable accommodations” for pregnant and postpartum workers went into effect expanding protections for millions of people. The PWFA applies to employers with 15 or more employees, including hourly workers. In addition to covering pregnant employees, it also protects those with “related medical conditions,” including women undergoing fertility treatment, as well as those who have postpartum depression and those who have had an abortion or pregnancy los ..read more
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