Category Archives: Employment

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Analyzing Coach Steve Sarkisian’s Employment Discrimination Lawsuit Against USC

Posted in Employment, Litigation

Last week, former University of Southern California Head Football Coach Steve Sarkisian filed a 31-page lawsuit in Los Angeles Superior Court against his former employer. The lawsuit alleges that Coach Sarkisian’s employment was unlawfully terminated. Furthermore, Coach Sakisian alleges that USC discriminated against him by not making a reasonable accommodation to address his disability –… Continue Reading

New Jersey Supreme Court Holds That Trial Courts May Order the Disgorgement of “Faithless Employee’s” Compensation

Posted in Employment

Recently, the New Jersey Supreme Court decided an important case that further protects employers from disloyal or “faithless” employees. The central issue in Kaye v. Roseflelde is whether “a Court may order the equitable remedy of disgorgement of an employee’s compensation when the employee has breached their duty of loyalty to the employer, but the employer… Continue Reading

Update: New Jersey Supreme Court Revisits Important Employment Decision

Posted in Employment, Litigation

Several months ago, I published a blog which discussed an important case that could affect employment discrimination litigation in New Jersey. In summary, the New Jersey Appellate Court, in the case Rodriquez v. Raymours Furniture Company, Inc., 93 A.3d 760 (App. Div. 2014), permitted an employee to reduce the statute of limitations period for an… Continue Reading

Stark & Stark Shareholder Benjamin E. Widener Published on NJ.com

Posted in Employment, Stark News

Shareholder Benjamin E. Widener, member of the Employment and Litigation practice groups, authored the article The Importance of an Effective Anti-Harassment Policy in the Workplace, which was published on NJ.com on October 1, 2015. The article underlines the importance of maintaining a healthy and safe work environment by properly enforcing a policy against sexual harassment. This… Continue Reading

Stark & Stark Shareholder Quoted in New Jersey Law Journal Article

Posted in Employment, Stark News

Benjamin E. Widener, Shareholder and Chair of the Employment Law Group for Stark & Stark, was interviewed in Medical Marijuana a Hazy Issue for NJ Employers, which was published in the New Jersey Law Journal on September 4, 2015. The article discusses the effect that New Jersey’s medical marijuana legalization has had on employers. More… Continue Reading

“White Collar” Workers Get a Raise: Changes to the Exemption under the FLSA

Posted in Employment

Arguably the most important law guaranteeing a worker’s right to fair pay is the federal Fair Labor Standards Act of 1938 (“FLSA”), which defines the forty hour workweek, sets the federal minimum wage, establishes requirements for overtime pay, establishes recordkeeping requirements for employers, and places restrictions on child labor. In addition, the FLSA requires employers… Continue Reading

Apple, Amazon and the Wage Payment Issues Arising from Employee Security Screenings

Posted in Employment

Apple, Inc. retail employees who allege they should have been compensated for off-the-clock time spent undergoing the store’s mandatory screening processes have renewed their bid for class certification in federal court in California. In the complaint filed in Frlekin v. Apple, Inc., Docket No. 3:13-CV-03451 (N.D. Cal.), the plaintiff employees alleged that the global technology… Continue Reading

The Uber Ruling and the Issue of Employee Misclassification

Posted in Employment

Uber – the transportation networking company which, through the use of its technological platform and smart phone application, connects consumers (passengers) with transportation providers (private vehicle drivers) and facilitates the ride sharing service – may be the next victim of the continuing wave of employee misclassification lawsuits sweeping the nation. On June 3, 2015, in… Continue Reading

Whistleblower Roulette: The Impact of State v. Saavedra on Whistleblower Litigation in New Jersey

Posted in Employment

On June 23, 2015, the Supreme Court of New Jersey issued its first of two expected landmark decisions this term concerning the rights of and protections afforded to whistleblowers. New Jersey employees enjoy great protection under whistleblower laws that are among the broadest, most robust and comprehensive in the country, including the Conscientious Employee Protection… Continue Reading