In order to state a retaliation claim under the federal Family and Medical Leave Act (FMLA), a plaintiff must establish that his employer took an adverse employment action against him that was causally related to his FMLA leave. In Berridge, a former senior account manager alleged that he suffered such retaliatory adverse employment action eleven months after taking FMLA leave in the form of removal from a key account, placement upon a performance improvement plan (PIP), and ultimately, termination. Berridge v. Nalco Company, Civ. A. No. 10-3219 (D.N.J., Jan. 30, 2014). In an interesting holding, the court held that neither the account removal nor his placement on the PIP constituted materially adverse employment actions. According to the court, the account removal did not alter the plaintiff’s title, salary, benefits, expense account, and automobile entitlement and the PIP simply tracked his job description and thus “comprised of directives relating to [his] preexisting responsibilities.” Thus, the court rejected his FMLA retaliation claims based upon the PIP and account removal. While the court held that his discharge did constitute an adverse job action, the plaintiff nonetheless was unable to rebut the employer’s legitimate reason for terminating his employment—poor performance.
On March 8, 2012, a bill (A2708) was introduced to the Assembly Labor Committee (and has since advanced to a second reading in the Assembly), which would substantially alter the laws governing the compensation of tipped workers in New Jersey. Most employees who rely on tips and gratuities are currently paid the federal minimum wage
On January 25, 2017, the Trump administration turned its focus to immigration by issuing two executive orders satisfying key campaign promises. At first blush, the executive orders appeared to cover issues related to illegal immigration and the building of President Trump’s border wall. But on a closer look, these executive orders appear to be the key building blocks associated with the Trump administration’s immigration strategy.
United States Citizenship and Immigration Services (USCIS) announced on May 3, 2017, that data entry for the FY2018 H-1B visa lottery has been completed and that petitions not accepted under the lottery selection process will be returned. For cases for which an official receipt has not been issued, the returned petition is considered the official notice that the case was not selected in the lottery. This official notice from USCIS is critical for many employers with employees relying on “Cap Gap” for work authorization because the notice will determine when an impacted employee will lose his or her work authorization.