Alexander v. Seton Hall Univ., No. A-87-09 (N.J. Sup. Ct., November 23, 2010) – The New Jersey Supreme Court has refused to apply the U.S. Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007) to wage claims under the New Jersey Law Against Discrimination (LAD), thereby reversing the Appellate Division’s decision last year. (For more information on that decision, see the December 2009 issue of the New Jersey eAuthority.) Under Ledbetter, each paycheck was determined not to be a discrete act of potential discrimination. Instead, according to Ledbetter, an employee had to identify and timely challenge a specific discriminatory pay decision. Therefore, a person receiving disparate pay during the limitations period had no recourse when the pay resulted from a discriminatory pay decision that occurred outside of the limitations period. In rejecting Ledbetter’s application to the LAD, the court noted that its holding no longer reflects federal policy, since Congress passed the Lilly Ledbetter Fair Pay Act of 2009, and held that under the LAD, each wage payment constitutes a new, actionable wrong. Even so, the court held that the two-year statute of limitations applies to limit the damages recoverable for past discriminatory compensation to the two years immediately prior to the filing of the complaint.
Employer’s Handbook Disclaimer Renders Agreement to Arbitrate Unenforceable, New Jersey District Court Holds
Employee handbooks typically contain an overview of company history, a set of employment policies and general guidance, and a clear and prominent disclaimer that nothing in the handbook creates a contract of employment between the company and its employees. The Raymours Furniture Company handbook went one step further—it also contained a mandatory arbitration agreement, which
Expression of “Personal Contempt” in Facebook Message Was Not Protected Concerted Activity
By now, employers are aware of a number of “Facebook firing” cases in which individuals who were fired for posting content on Facebook have been reinstated after the National Labor Relations Board (NLRB) found the postings to have been “protected concerted activity” under the National Labor Relations Act (NLRA). On…..
Uniform Wage Garnishment Act Approved by Commission
What employer would not like to reduce its legal risks and administrative costs? The Uniform Law Commission (ULC) presented employers with just that opportunity when on July 13, 2016 it finished three years of studying and drafting work and gave approval to the Uniform Wage Garnishment Act (UWGA). The ULC is a 125-year-old organization comprised of commissioners appointed by the 50 states (plus Puerto Rico and the Virgin Islands) that drafts laws for the states to consider and adopt where uniformity would improve commerce between states. After the ULC approves a uniform law, such as the UWGA, the commissioners of each state will present the statute for consideration to their state legislature.