Labor Law Articles
2008 Supreme Court Round-Up
James T. Prusinowski, Esq. - The area of employment law is ever evolving, and this year is no exception.The United States Supreme Court has rendered four decisions in recent months that impact directly on employers and their relationship with their employees.Knowing these changes and how they effect the work environment is important.
Employment Law Case Watch
By: James T. Prusinowski - The area of employment law is always evolving, and it is important for employers to be aware of issues that are being presented to the courts which might alter the laws and policies that are addressed by the current employment laws. There are currently four cases before the United States Supreme Court which might have an impact on the way employers engage with their employees. Some of these are procedural while others are substantive and significant to day to day determinations.
Website Access for the Blind
By: James T. Prusinowski, Esq. - The National Federation of the Blind has filed suit in the Northern District of California against the Target Corporation alleging the Target does not maintain a website that is accessible for the blind.
Compensation Requirements for "On-Call" Time Under the FLSA
By: Lauren M. Walter, Esq. - The Fair Labor Standards Act (FLSA) provides compensation for employees whose movements were restricted by their employers while they were "on-call" but not otherwise working...
MUNICIPAL MANAGERS'S ASSOCIATION EMAIL TRAINING SESSION
By: Fredric M. Knapp, Esq. & James T. Prusinowski, Esq.- The Open Public Meetings Act (OPMA), also known as the "Sunshine Law," requires that when a public body meets to make determinations regarding governmental affairs that such meetings must be done in public so that the general public is able to know and understand the thought processes which go into the government's decision making process....
AN INDEPENDENT HEARING OFFICER AS A DEFENSE TO AN UNLAWFUL TERMINATION COMPLAINT
By: Stephen E. Trimboli, Esq.- A public employer terminates an employee based upon the recommendation of an independent hearing officer. The termination is later reversed by an arbitrator or the Merit System Board. The employee then sues, alleging unlawful discrimination or retaliation. Can the employer rely on the hearing officer’s recommendation as a defense?...
ARBITRATION AGREEMENTS MAY NOT BAR DISCRIMINATION COMPLAINTS
By Fredric M. Knapp, Esq. - In recent years, New Jersey employers have successfully utilized mandatory arbitration agreements for employees to avoid litigation of employment discrimination claims. However, a recent Superior Court decision concluded that an employer violated the New Jersey Law...
COMMENTARY ON 2003 DEVELOPMENTS IN PUBLIC SECTOR LABOR LAW
By Stephen E. Trimboli, Esq. - NOTE: Stephen E. Trimboli, Esq., was invited to speak on Recent PERC and Judicial Case Law and Policy Developments at the 24 th Annual Conference on Public Sector Labor Relations Law, held on April 2, 2004. These were his comments. ...
OFF DUTY MEDICAL TREATMENT AND THE FLSA
By Stephen E. Trimboli, Esq. - When an employer requires an employee to obtain off-duty medical treatment or counseling (e.g., drug/alcohol abuse counseling), as a condition of continued employment, is the employee entitled to overtime pay? If so, does the same rule apply if the employer does not require treatment or counseling, but merely encourages the employee to obtain treatment or counseling, or facilitates it?
