In Skidmore v. Virtua Health Inc., 2012 U.S. Dist. LEXIS 86181 (D.N.J. June 21, 2012), a nurse with attendance issues related to her alcoholism and anxiety was terminated by her employer after she failed to report to work on a day when the center was short-staffed, following a trend of poor attendance. At the termination meeting, her employer cited her attendance, but repeatedly mentioned her alcohol problems and told her that she would not be terminated if she enrolled in an alcohol rehabilitation program. For those reasons, the court held that a jury could have concluded that she was terminated for her alcoholism, rather than her attendance. Further, the court held that although the law permits an employer to terminate an alcoholic if the alcoholism reasonably precludes the performance of her job that too was a question for the jury to decide.
With a few casual sentences, the Seventh Circuit Court of Appeals has called into question the standards used by most district courts for the past three decades to certify collective actions under the Fair Labor Standards Act (FLSA). The case is Espenscheid v. DirectSAT USA, LLC, No. 12-1943 (7th Cir……
On January 19, 2011, the New Jersey Division on Civil Rights proposed amendments to the Regulations Pertaining to Discrimination on the Basis of Disability, N.J.A.C. 13.13. The proposed regulations would implement three changes to existing regulations concerning employment:
On November 22, a bill (A3505) was introduced that would repeal all state laws providing for the payment of prevailing wages, including most notably the New Jersey Prevailing Wage Act, P.L. 1963, c.150 (C.34:11-56.25 et seq.). The bill has been referred to the Assembly Labor Committee.