November 2015 FBA Labor and Employment Law Third Circuit Update Stephen E. Trimboli, Esq. Trimboli & Prusinowski, L.L.C. Clients of temporary employment agencies can be deemed the employers of temporary employees for purposes of Title VII liability. Faush v. Tuesday Morning, Inc., _ F.3d _ (3d Cir. 2015), 2015 WL 7273268, C.A. 3, […]
October 2015 FBA Labor and Employment Law Third Circuit Update Stephen E. Trimboli, Esq. Trimboli & Prusinowski, L.L.C. When withdrawal liability under an ERISA multi-employer pension plan is paid in annual installments rather than as a lump sum, the “highest contribution” rate for calculating the annual installments is the single highest contribution rate established […]
October 2015 FBA Labor and Employment Law Third Circuit Update – Supplement Stephen E. Trimboli, Esq. Trimboli & Prusinowski, L.L.C. Schoolteacher who posted comments on her personal blog expressing hostility and disgust against her own students did not engage in speech protected by the First Amendment under the Pickering test and was therefore properly […]
U.S. Department of Labor Says Most Independent Contractors Are Misclassified Employees In Hargrove v. Sleepy’s (link to Sleepy’s post) the New Jersey Supreme Court recently reaffirmed the “ABC” test for determining who is an “independent contractor” under the New Jersey Wage Payment Law (WPL) and Wage and Hour Law (WHL). Examining several different tests, […]
Public Employees May Face Criminal Prosecution for Stealing Confidential Documents From Public Employers Five years ago, the New Jersey Supreme Court’s decision in Quinlan v. Curtiss-Wright Corp., 204 N.J. 239 (2010) held that an employee’s removal of confidential documents from his or her employer may, depending on a totality of the circumstances, constitute a […]
Continued Employment Demonstrates Assent to Arbitration Provisions Arbitration provisions in employee agreements and employee handbooks are generally enforced by both federal and state courts if there is evidence of a valid agreement between the parties. A recent decision by the Appellate Division of the New Jersey Superior Court, in Jaworski v. Ernst & Young U.S. […]
Employer’s Should Pay Close Attention to FMLA Certifications The Family and Medical Leave Act (“FMLA”) Medical Certification forms and accompanying procedures are things that employers sometimes do not pay close enough attention to, and a new decision from the Third Circuit reiterates why they require particular care and employee training. The United States Department […]
By: Lauren W. Kavanagh, Esq. For an employer, receiving a letter from the Equal Employment Opportunity Commission (“EEOC” or “Commission”) alleging a possible violation of Title VII can mean the beginning of an uncertain journey of expensive litigation. The statute, however, in theory offers employers a chance to informally and possibly settle the […]
By: Lauren W. Kavanagh, Esq. Earlier this year, the New Jersey Supreme Court answered a certified question from the Third Circuit Court of Appeals regarding the correct test to be used to determine independent contractor status in New Jersey within the New Jersey Wage Payment Law and New Jersey Wage and Hour […]
By: Lauren Kavanagh and James Prusinowski In Aguas v. State of New Jersey, 2015 WL 659543 (N.J. Feb. 11, 2015) the New Jersey Supreme Court handed a double edged sword to employers. In a nod to employers, it officially adopted the Ellerth/Faragher affirmative defense for hostile work environment supervisor sexual harassment claims under the […]
