In a precedential opinion, the New Jersey Appellate Division rejected an agoraphobic plaintiff’s claim under the New Jersey Law Against Discrimination (LAD) for failure to provide a reasonable accommodation. The court held that the plaintiff failed to show through expert medical evidence that her disability required that her preferred accommodation be granted or that the defendant’s proposed accommodations were unreasonable. Thus, the court reaffirmed that the LAD does not give plaintiffs the right to demand a particular accommodation and employers have the ultimate discretion to choose between accommodations so long as they are reasonable. Wojtkowiak v. New Jersey Motor Vehicle Commission, et. al., A-5341-12T4 (January 2, 2015).
The Supreme Court of Ohio recently confirmed that public employees in their probationary periods are not entitled to the same protections with regard to employment termination that tenured civil servants enjoy.
As a traditional labor lawyer, I spend a great deal of time traveling the country to assist clients, and I spend a lot of that time in airports and on airplanes reading. On a recent trip, I read The Undoing Project: A Friendship That Changed Our Minds by Michael Lewis, which discusses the research two psychologists conducted on the psychology of decision-making. The research, which concluded that people often err when making decisions despite access to information that should help them, got me thinking about how employees act in the face of union campaigns.
Beware of H-1B Wage Law Violations: Company Ordered to Pay Over $300,000 in Back Pay and Penalties for H-1B/LCA Violations
A recent case before the Office of Administrative Law Judges (ALJ) is a compelling reminder that H-1B wage law infringements can result in significant financial penalties and fines. Moreover, violations in H-1B program rules also can lead to program debarment and even criminal investigations.