By: Kathleen Connelly, Esq. The Los Angeles Times and other news outlets have reported that following eight years of protracted litigation, a San Diego jury awarded nearly $186 million dollars to a former AutoZone manager who claimed she was demoted by AutoZone after she announced her pregnancy and was terminated…
Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events
The Perils of Not Using a Prenup
By: James McGlew The perils of getting married without a prenuptial agreement were made clear this week with the news of the divorce of billionaire Harold Hamm. Mr. Hamm, Chief Executive Officer of Continental Resources, was ordered to pay nearly $1 billion to his now ex-wife in one of the…
BIG MAC ATTACK: The NLRB’s General Counsel Uproots McDonald’s Franchisor-Franchisee Relationship
By: Sergio Simoes, Esq. In July 2014, the General Counsel of the National Labor Relations Board (“NLRB”) shook the foundations of the franchisor-franchisee relationship when he determined that McDonald’s Corporation could be prosecuted as a “joint employer” with its franchisees in forty-three cases, charging unfair labor practices at its franchised…
Appellate Division Extends New Jersey Law Against Discrimination to Divorcing Employees
The New Jersey Law Against Discrimination (“LAD”) has long prohibited discrimination against individuals on the basis of their “marital status,” barring employers from considering an individual’s status as married or unmarried in making any employment decisions. In the recent case of a New Jersey appeals court recently examined the scope…
Pregnant Employees To Get Expanded Workplace Accommodations Under LAD and EEOC Guidance
In January 2014, Governor Christie signed the Pregnant Worker’s Fairness Act (PWFA), amending the New Jersey Law Against Discrimination (LAD) to expressly prohibit workplace discrimination on the basis of pregnancy. On the federal side, the United States Equal Employment Opportunity Commission (EEOC) issued an Enforcement Guidance on Pregnancy Discrimination and…
Is It Time to Limit Your Exposure to Employment Lawsuits?
The New Jersey Judiciary reported that approximately 40% of lawsuits filed with the courts involve claims by employees against their current or former employers. In this current litigious landscape, are there actions employers can take to protect against potential employment lawsuits? As a result of a recent decision from a…
New Jersey Supreme Court Raises the Bar for Health Care Whistleblowers under CEPA
Clarifying the burden placed upon health care workers alleging New Jersey Conscientious Employee Protection Act (CEPA) violations, the New Jersey Supreme Court’s recent decision in 218 N.J. 8 (2014) illustrates the barriers facing employees who point to alleged violations of codes of ethics or employer policies to support whistleblowing claims.…
Third Circuit Slams Employer for Inability to Prove FMLA Notices to Employee Were Received
By: Eric Levine, Esq. In its recent decision in the Third Circuit Court of Appeals (which includes New Jersey) issued a ruling that signals heightened obligations for employers communicating with employees about their rights under the Family Medical Leave Act (“FMLA”). Prior to that ruling, employers typically relied upon the…
Governor Christie Signs Major Alimony Reform Bill Into Law
By: James McGlew On September 10, 2014, Governor Christie signed into law A845 which makes significant changes to New Jersey alimony law. The reformed alimony statute will dramatically impact the way spousal support is calculated going forward. Important changes to New Jersey alimony include: The elimination of “permanent alimony” which has…
Employers Take Notice – New Jersey has “Banned the Box”
On August 11, 2014, Governor Christie signed into law “The Opportunity To Compete Act” (the “Act”)[1]. In adopting that law, the legislature specifically found that “removing obstacles to employment for people with criminal records provides economic and social opportunities to a large group of people living in New Jersey, increasing…