New Jersey Employment Lawyer Blog

Krenkel & Krenkel, LLC, with a practice dedicated to litigating labor and employment matters in the State of New Jersey has joined Twitter. Using Twitter will provide a great opportunity for the Firm to continue reporting on recent changes in the field of labor and employment law in the State of New Jersey.

New Jersey Employment Lawyer, Krenkel & Krenkel, LLC, litigates employment cases in the State of New Jersey. In Matejik v. State of New Jersey, the Appellate Division found that the defendant-Department of the Treasury did not violate the FMLA by requesting confirmation that plaintiff was fit for duty by independent medical examination so long as it set the date of the examination to assure that it did not cause undue delay in her return and that whether the delay was "undue" is a question of fact and the evidence relevant to this determination is not so one-sided as to permit a grant of summary judgment, the panel affirms the order denying plaintiff's motion for summary judgment on her claim of interference with her FMLA rights and reverses the order granting the department summary judgment on this claim. Summary judgment in favor of defendant on plaintiff's retaliation claim is affirmed as there is no evidence that the evaluation defendant required was in retaliation for her use of FMLA leave. The grant of summary judgment in favor of defendant on plaintiff's claim under the Law Against Discrimination is reversed since a reasonable fact finder could conclude that her employer perceived her to be disabled and took adverse action to exclude her from the work place because of that perception.

Krenkel & Krenkel, LLC, a statewide law firm that litigates labor and employment cases in the State of New Jersey reports on a recent case from the New Jersey Appellate Division. In Jones v. Harrah's Resort Atlantic City, App. Div. (per curiam) (6 pp.) 25-2-3233, the Plaintiff appealed from the dismissal of his complaint against her former employer, brought under the Law Against Discrimination. The panel for the New Jersey Appellate Division affirmed because plaintiff failed to file his complaint within two years of his termination date. The Court further held that the plaintiff's disability from a stroke did not toll the running of the statute of limitations because the disability did not exist at the time his cause of action accrued and no case law supports plaintiff's contention that, in light of the remedial nature of the LAD, the statute should be tolled during his disability period.

New Jersey employment lawyers for Burlington Coat Factory assistant store managers allege in a federal lawsuit that the company misclassifies them as exempt from overtime and fails to pay them in compliance with the Fair Labor Standards Act. The suit, Goodman v. Burlington Coat Factory Warehouse Corp., 11-cv-04395, filed July 29, seeks to recover on behalf of all current and former assistant managers nationwide, and similarly situated, current and former employees with different titles. The plaintiffs claim they don't make management-level decisions, such as hiring and firing employees, and their duties are similar to those performed by nonexempt employees who are entitled to overtime.

David A. Krenkel, New Jersey employment lawyer with a statewide practice, was recently published in the Op Ed section of the Bergen Record. The piece covers the Supreme Court's recent ruling in the Wal-Mart class action.

David A. Krenkel, Esq., a New Jersey employment lawyer that handles labor & employment cases in the State of New Jersey is interviewed by NJ Biz on recent case pertaining to employment law and social media. Krenkel discusses the federal and its relationship to Facebook and other social media.

New Jersey employment lawyers Krenkel & Krenkel, LLC, with a New Jersey Statewide labor and employment law practice for all labor and employment related matters in the State of New Jersey also reports on cases throughout the country. In a recent case filed in Tampa, Florida, the Cheesecake Factory restaurant was hit with a sexual harassment case. The case was filed by a former male employee that alleges he was subjected to a barrage of harassing acts by line employees that worked in the kitchen. The employee also claims that he was punished when he complained. The case was based in part on alleged violation of Title VII. Title VII prohibits sexual harassment in the workplace and further prohibits retaliation against an employee that complains of such conduct. Many state laws, such as the New Jersey Law Against Discrimination mirror the federal laws which prohibit discrimination.

This is not the first time the Cheesecake Factory has been sued for sexual harassment. A similar case was filed in the past.

New Jersey employment lawyers, Krenkel & Krenkel, with a labor and employment law practice in the State of New Jersey reports that NJ Governor Christie signed legislation which places a 2 percent cap on the salaries of police and firefighters when the unions and municipalities can't come to a compromise in negotiations. The new legislation will impact unions, municipalities and employment lawyers in the State of New Jersey.

Attention employment lawyers in New Jersey. Start paying attention to Lexology. There is a new player in the legal newsletter business and it appears to be a great source for New Jersey labor and employment law updates. Lexology has taken to the web in a big way. Lexology is a website that compiles submissions from top attorneys by categorizing their specialties and posting their articles for other attorneys to read. At last look, Lexology's database is growing at a rapid pace. I found the labor and employment law database to be helpful and up to date. I suspect we will see Lexology around for quite some time.

Employment lawyers in New Jersey for unions and municipalities will be changing their practices soon. Both houses in the State of New Jersey have given final approval to a bill that favors municipalities. The new legislation will implement a salary cap that restricts the arbitrator from favoring the unions. Employment lawyers on both sides will still have fight, but there will be less to fight about.

Speaker Sheila Y. Oliver (D-Essex) and Senate President Stephen M. Sweeney (D-Gloucester) speak about the proposal to implement a salary cap on arbitration awards for police and firefighters. The cap is 2 percent.

New Jersey Law Net seems to be a great source for New Jersey Employment Lawyers and New Jersey Employment Laws. If you are looking to search for a New Jersey Employment Lawyer then look here.

A&P's recent bankruptcy filing will require the company to analyze its obligations under the "Millville Dallas Airmotive Plant Job Loss Notification Act" ("NJ WARN Act"), N.J.S.A. 34:21-1, et seq., a New Jersey employment law. Similar to the Federal Warn Act. New Jersey requires 60 days notice of a plant closing in certain circumstances. Employment Lawyers in NJ will have to determine the application of the Federal and State Laws to any layoffs in connection with the recent bankruptcy filing.

The New Jersey State Supreme Court on Thursday reinstated a $10.6 million retaliation judgment filed by a New Jersey employment lawyer on behalf of his client and articulated a test for deciding whether an employee can use confidential company documents in a Law Against Discrimination suit. The Court, in Quinlan v. Curtiss-Wright Corp., A-51-09, voted 5-2 to reverse a published appeals court ruling that an employee's use of a confidential record during her LAD suit was legitimate ground for termination. The two dissenting justices warned that Thursday's ruling means businesses can no longer fire employees for stealing highly sensitive personnel documents while suing their employers. The Court was unanimous in holding that there was sufficient evidence of egregious conduct to support the $4.6 million punitive damages verdict won by the plaintiff, Joyce Quinlan, against her former employer, Curtiss-Wright Corp. This was a major victory for employment lawyers representing employees in the State of NJ.

A suspended police captain in Ewing Township claims the police department is punishing for refusing to approve overtime for office who lectured at a university course taught the police chief. The lawsuit filed by a New Jersey employment lawyer on behalf of the captain contends that the Township violated the New Jersey Conscientious Employee Protection Act (CEPA), commonly known as New Jersey's Whistleblower law. According to the lawsuit, the captain claims he was brought up on charges after refusing to approve overtime he felt was unjustified. The New Jersey employment lawyer representing the Township stated that they have no facts which support the claim.

If you are a NJ employment lawyer you should be reading this case. New Jersey's Supreme Court on Tuesday declined to tie wage-discrimination claims to a fixed point in time, holding instead that each paycheck that offends the Law Against Discrimination starts the two-year statute of limitations running anew. The ruling, in Alexander v. Seton Hall University, A-87-09, reinstates LAD claims by three female Seton Hall University professors who were paid less than their younger male colleagues. However, the Court declined to apply the "continuing violation" doctrine that would have allowed the professors to sue for lost wages dating back to when they were hired decades ago. They will be limited to recovering the wage differential only for the two years prior to filing their complaint in 2007. The Court refused to follow the U.S. Supreme Court's much-maligned ruling in Ledbetter v. Goodyear Tire & Rubber Co. The plaintiffs were represented by a New Jersey employment lawyer.