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April 2016 FBA Labor and Employment Law Third Circuit Update

Written on May 18, 2016

April 2016 FBA Labor and Employment Law Third Circuit Update   Stephen E. Trimboli, Esq. Trimboli & Prusinowski, L.L.C. The National Labor Relations Board validly ratified the appointment of a Regional Director whose initial appointment was invalid due to the absence of a valid Board quorum, and that Regional Director, in turn, validly ratified a  Continue Reading »

December 2015 FBA Labor and Employment Law Third Circuit Update

Written on January 14, 2016

December 2015 FBA Labor and Employment Law Third Circuit Update   Stephen E. Trimboli, Esq. Trimboli & Prusinowski, L.L.C. Corrections officers receive the “predominant benefit” of their fifteen-minute unpaid meal period and are not entitled to receive overtime compensation under the Fair Labor Standards Act even though they are not relieved from all possible duty  Continue Reading »

November 2015 FBA Labor and Employment Law Third Circuit Update

Written on December 7, 2015

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,  Continue Reading »

October 2015 FBA Labor and Employment Law Third Circuit Update

Written on November 13, 2015

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  Continue Reading »

October 2015 FBA Labor and Employment Law Third Circuit Update – Supplement

Written on November 13, 2015

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  Continue Reading »

U.S. Department of Labor Says Most Independent Contractors Are Misclassified Employees

Written on August 7, 2015

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,  Continue Reading »

Public Employees May Face Criminal Prosecution for Stealing Confidential Documents From Public Employers

Written on August 7, 2015

 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  Continue Reading »

Continued Employment Demonstrates Assent to Arbitration Provisions

Written on August 7, 2015

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.  Continue Reading »

Employer’s Should Pay Close Attention to FMLA Certifications

Written on July 22, 2015

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  Continue Reading »

Mach Mining

Written on June 3, 2015

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  Continue Reading »

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