Category Archives: Employment

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Say What? The Second Circuit Establishes a New “Outer-Bounds” Limit to Protected Employee Speech

Posted in Employment

To say that Facebook and social media have complicated the relationship between employer and employee and, specifically, what an employee can say or do with respect to his/her work, is an understatement. Social media has added a new dimension to analyzing the intersection between employee speech and protected activity under the National Labor Relations Act… Continue Reading

Read Before You Click: The Enforcement of Web-Based Restrictive Covenants and Arbitration Agreements Against Employees

Posted in Employment

When was the last time you clicked a box indicating your agreement to terms of service without actually reading, let alone understanding, the terms and conditions of service? The use of “clickwrap” whereby users of web-based applications memorialize their acceptance of legal agreements by clicking something, like a check box, is commonplace in the digital… Continue Reading

Successful Strategies for Preventing and Defending Claims of Sexual Harassment in the Workplace

Posted in Employment

Despite increased efforts to curb it, sexual harassment in the workplace hasn’t gone away. In fact, news reports of allegations of sexual harassment and lewd behavior lodged against media mogul Bill O’Reilly at Fox News and, separately, against transportation network company Uber, have shined a spotlight on the pervasiveness of sexual harassment in the workplace…. Continue Reading

NJ Supreme Court Says Employees Can’t Agree to Shorten Statute of Limitations

Posted in Employment, Litigation

Several months ago, I blogged about the Rodriguez v. Raymours Furniture Co., 436 N.J. Super. 305 (Super. Ct. 2014)case. The case addressed an important issue – whether or not an employee’s could enter an agreement to shorten the statute of limitations period from 2 years to six months to assert an employment discrimination claim pursuant… Continue Reading

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

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 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