A New Jersey Superior Court Judge recently released a defendant in an automobile accident case. The defendant sent a text message to the driver of a car who allegedly caused the actual accident. Plaintiffs attorney argued that the texter aided and abetted the driver's...
Month: October 2012
Supervisors Can Be Sue Under FMLA
In a recent decision, the U.S. Court of Appeals for the Third Circuit outlined factors to be used when determining whether a supervisor at a public agency can be subject to individual liability under the Family Medical Leave Act (FMLA), which allows employees to take...
PREVENT EMPLOER SOCIAL MEDIA REQUESTS?
Last week, the New Jersey Senate Labor Committee voted in favor of legislation that would make employers civilly liable if they required workers or applicants to divulge their social media identities or passwords, or demand that they friend someone in the company like...
Paralyzed Studen Settles Case
On April 13, 2012, it was announced that the Ramsey School District, located in Bergen County, New Jersey, agreed to settle with a student who was attacked and paralyzed as a result of bullying. The student was attacked in May of 2006, when he was a middle school...
NJ Discrimination Protection Included Perceived Members
In Cowher v. Carson & Roberts, the New Jersey Appellate Division was asked to consider whether a truck driver had standing to bring a discrimination case against his former employer after being the target of anti-Semitic remarks in the workplace, despite the fact...
NFL, MLB, NHL SUE NJ OVER GAMBLING
In January, Governor Chris Christie signed a law which would allow aports betting at state racetracks and Atlantic City. The NFL, MLB, NHL, NBA and NCAA recently filed a lawsuit in the federal court district of New Jersey.The lawsuit alleges that the NJ law allowing...
NEED FOR AN ATTORNEY IN SPECIAL CIVIL
In New Jersey, when you want to sue for an amount of money up to $15,000.00, you can bring you case in the Courts Special Civil Part. Generally, Plaintiffs may act as their own attorney. However, under the New Jersey Court Rules, if the amount of the lawsuit if more...
HONDA SETTLES CLASS ACTION LAWSUIT
On April 13, 2012, in the case Alin v. Honda Motor Co, Honda agreed to pay $38 million to settle a class-action lawsuit in which Plaintiffs claimed that the manufacturer produced various Honda and Acura vehicles with defective air-conditioning systems. As part of the...
EXHAUSTED FMLA LEAVE? MORE TIME AVAILABLE!
Under the Family Medical Leave Act (FMLA), 29 U.S.C. 2601 et seq., an eligible employee may generally take up to 12 workweeks of leave during any 12-month period due to the employees own serious medical condition or one of a family member. Many employers struggle with...
Does FLSA Cover Unpaid Interns?
One area that may confuse employers relates to whether an intern must be paid wages in accordance with the Fair Labor Standards Act (FLSA). Generally speaking, employers must pay at least the minimum wage and overtime to their interns under federal and state...