New Jersey Employment Lawyer Blog

Personnel Files and New Jersey Employment Laws on Access by Employees.

Mon, 07 May 2012 12:16:49 -0500

Does an employee have the right to inspect their personnel file in the State of New Jersey? The answer is no. New Jersey Employment Lawyer Blog reports: employees do not have the right to inspect personnel files in the State of New Jersey. According to the blog, most employees, and even some employers, are of the mistaken belief that an employee has the right to inspect their personnel file. Some states do permit access, but not New Jersey. Employee access to a personnel file will have to come by way of a subpoena in a legal proceeding if the employee desires to see the documents in the file.

New Jersey Employment Law and Social Media

Tue, 03 Apr 2012 13:57:24 -0500

Can an employer ask for your Facebook password? Whether the answer is yes or no, it's happening in New Jersey and all over the Country. Employers are combing through their current and prospective employees social media pages. Pictures of employees at the bar, partying and most anything else in an individual's personal life is fair game for the employer. So far, there isn't any specific law that prohibits such a request. Sure, a prospective employee can claim that an individual's age may be revealed in a Facebook search. But an age discrimination claim is a longshot for the prospective employee when an employer claims it is not interested in the candidate's age while conducting a search, but instead, the character.

The real question is whether Congress or the State Legislature will act on these new developments in employment law. My guess is that Congress will not enact any laws preventing employers from seeking such information. Instead, the courts will have to sort out the legal issues on a case by case basis.

NJ Employment Lawyer Update on Tipped Workers Bill.

Mon, 26 Mar 2012 16:22:04 -0500

Yesterday, the NJ State Assembly Labor committee advanced a bill that would raise the minimum hourly wage for tipped workers.

Restaurant owners oppose the Bill.

The legislation states that: after June 30, 2012, an employer may claim a credit for gratuities or tips received by an employee against the hourly wage rate paid to the employee in an amount not to exceed 60% of the minimum hourly wage rate required by law. After June 30, 2013, an employer may claim a credit for gratuities or tips in an amount not to exceed 31% of the minimum hourly wage rate required by law.
The bill effectively requires employers to compensate their employees at an hourly rate of at least 40 percent of the minimum wage and an hourly rate of at least 69% of the minimum wage ) after June 30, 2013 and beyond. The remainder of the employee's compensation may be comprised of tips or gratuities, as long as the employee earns at least the current minimum wage required by state and federal law.

USA Employment Lawyers now on Twitter

Tue, 06 Mar 2012 10:36:24 -0500

USA Employment Lawyers, the website created by David A. Krenkel, Esq. of Krenkel & Krenkel, LLC, is now on Twitter. Catch updates on the latest labor and employment topics by following USA Employment Lawyers on Twitter.

Term Limits for Revel Employees Sparks Criticism.

Mon, 05 Mar 2012 11:58:14 -0500

New Jersey's newest and hottest Casino is Revel. Not only will Revel offer cutting edge entertainment in the NJ gambling market, but the new mega casino will jump into a new controversial employment practice, now known as "term limits". That's right. Term limits for "at will" employees. Revel is testing it out, despite the number of critics from the Plaintiff's Bar for Employee Relations. Sat tuned to find out how the inevitable litigation plays out in the courtroom.

New Jersey Employment Lawyers Create USA Employment Lawyers Facebook Group.

Thu, 23 Feb 2012 15:48:45 -0500

New Jersey Employment Lawyer has launched a new platform for reporting New Jersey Employment Law News, as well as Labor and Employment Law News form other states. The new site on Facebook is called USA Employment Lawyers.

New Jersey Employment Lawyer Joins Twitter

Thu, 18 Aug 2011 13:48:30 -0500

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.

Questions Of Fact Preclude Summary Judgment in FMLA Case

Thu, 18 Aug 2011 13:14:27 -0500

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.

Atlantic City Casino Prevails Against Former Employee in NJ Discrimination Case

Wed, 10 Aug 2011 16:42:02 -0500

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.

Class Action Filed Against New Jersey's Burlington Coat Factory Alleging FLSA Violations

Wed, 03 Aug 2011 16:56:31 -0500

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.

Krenkel Op Ed Published By Bergen Record

Mon, 27 Jun 2011 12:27:11 -0500

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.

NJ Employment Lawyer David A. Krenkel Interviewed By NJ BIZ.

Mon, 14 Feb 2011 15:22:32 -0500

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 Lawyer Reports That Cheesecake Factory Sued For Sexual Harassment

Wed, 29 Dec 2010 13:06:57 -0500

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.

NJ Governor Christie Signs Labor Arbitration Bill.

Tue, 21 Dec 2010 13:54:12 -0500

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.

New Website Compiles New Jersey Employment Lawyer Articles.

Mon, 20 Dec 2010 13:48:55 -0500

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.