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.