Monthly Archives: November 2008

New Jersey extends unemployment benefits a second time since July 2008

Image via Wikipedia According to a press release dated 11/24/08, the New Jersey Department of Labor and Workforce Development is notifying unemployed workers of an unemployment benefits extension for workers whose benefits run out without having found a job. The … Continue reading

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Recent case illustrates proper analysis under New Jersey Law Against Discrimination

Image via Wikipedia This week, the Superior Court of New Jersey, Appellate Division, decided a case involving a claim under the New Jersey Law Against Discrimination (NJLAD) and outlined the burdens of proof necessary to make a proper case under … Continue reading

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Filed under Employment discrimination

Third Circuit Court dismissed False Claims Act action where fraud was against military members, not U.S.

The Third Circuit Court of Appeals recently issued a decision under the False Claims Act, under which an insurance agent sued an insurance company and a bank on behalf of the United States, claiming that these two companies submitted false … Continue reading

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Employee eligibility: What you need to know about the new FMLA regulations

Yesterday, the Department of Labor released new final FMLA regulations that will take effect on January 16, 2009. The Labor Department developed these regulations because of the National Defense Authorization Act for Fiscal Year 2008 (NDAA), which President Bush signed … Continue reading

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Filed under FMLA, USERRA

Change in employee’s work hours leads to unemployment benefits

Last Wednesday, the Superior Court of New Jersey, Appellate Division, affirmed an award of unemployment benefits to an employee whose employer had changed her work hours to interfere with her child care arrangements. The employee worked from 8:30amĀ  to 4:30pm, … Continue reading

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Court qualifies disabled employee for unemployment after her employer offers unsuitable work

The Supreme Court of New Jersey, Appellate Division, yesterday reversed a decision that had denied unemployment benefits to a former employee of a grocery store located in the Princeton area. The employee’s positions with the store were variously located in … Continue reading

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Filed under Employee benefits, FMLA, NJ Family Leave Act, unemployment

Top 8 things you need to know about NJ’s Family Leave Act

In a previous post, I said that I’d be posting further on the requirements of the New Jersey Family Leave Act. 1) FLA applicability & notice The NJ Family Leave Act (FLA) applies to employers who employ 50 or more … Continue reading

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Filed under Employee benefits, FMLA, NJ Family Leave Act

How do we remedy system-wide workplace discrimination?

The University of Buffalo reports that another academic article addressing individual vs. organizational responsibility for employment discrimination will be published. Entitled “Divergent Paths: Conflicting Conceptions of Employment Discrimination in Law and the Social Sciences,” by Ellen Berrey, Ph.D., Robert L. … Continue reading

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New York Post: Employees suing their employers have a tough row to hoe

An article in today’s New York Post, “Rough Justice,” highlights some of the many difficulties that can arise for employees who choose to sue their employers for employment discrimination. Indeed, anyone who is seriously considering suing for employment discrimination needs … Continue reading

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Filed under Employment discrimination

Is the re-employment of returning military reservists too much for employers to handle?

There was an interesting piece on “60 Minutes” tonight about military reservists having a tough time getting back their old employment positions after having served on active duty, despite a law (called USERRA) requiring employers to reinstate these employees in … Continue reading

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Filed under USERRA