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Total Articles: 3

New Jersey Appellate Division Clarifies When Employers Can Require Employee Psych Examinations

The circumstances under which a company or organization may require an employee to undergo a medical examination can be confusing for employers, and for good reason: The “rules” are cobbled together from a variety of sources and are from the model of clarity. The Appellate Division of the Superior Court of New Jersey recently attempted to synthesize and clarify these rules in the case of In re Williams, a decision whose importance will likely increase as disability and reasonable accommodation issues continue to be fertile ground for plaintiffs’ attorneys. 2016 N.J. Super. LEXIS 15 (App.Div. Jan. 25, 2016)

NJ Law against Discrimination Claim Fails Where Plaintiff Was Not “Otherwise Qualified” to Perform the Essential Functions of Her Job.

A federal district court in New Jersey recently granted summary judgment on a plaintiff’s disability claim brought under the New Jersey Law Against Discrimination (LAD), where the plaintiff’s physician stated “not only could [she] not work at her job … she couldn’t be with people.

N.J. Supreme Court Clarifies Employer's Obligation to Offer Light Duty as a Reasonable Accommodation.

Yesterday, the New Jersey Supreme Court issued its most definitive decision to date on the issue of reasonable accommodation of disabled employees under the New Jersey Law Against Discrimination (LAD). In Raspa v. Office of the Sheriff of the County of Gloucester, A-53-06 (June 12, 2007), the Court held that: (1) if the employee cannot perform the essential functions of the position he seeks or holds, the employer may lawfully terminate his employment; (2) the employer is not obligated to create a new position for an employee as a reasonable accommodation, nor to maintain an employee on permanent light duty; and (3) even where an employer has allowed an employee to be on light duty for an extended period of time, such action does not create an obligation to maintain the light duty assignment indefinitely.

Fisher Phillips | California | California Supreme Court Embraces Employee-Friendly Formula For Calculating OT Pay (March 05, 2018)

Fisher Phillips | California | FEHC Proposes Regulations to Implement California’s New “Ban the Box” and “New Parent Leave” Laws (March 04, 2018)

Fisher Phillips | California | Your Comprehensive Guide to 2018 Proposed California Legislation (February 28, 2018)

FordHarrison LLP | California | California Supreme Court's Recent Overtime Ruling Likely to Cause Payroll Problems (March 07, 2018)

Jackson Lewis P.C. | California | California Court of Appeals Holds Labor Code § 558 Claims Are Indivisible Claims and Not Arbitrable (February 28, 2018)

Jackson Lewis P.C. | California | Calculating Overtime Value of Flat-Sum Bonus Must Be Based on Actual Non-Overtime Hours Worked, California High Court Holds (March 11, 2018)

Fisher Phillips | California | The Plot Thickens: Trump Administration Sues California Over New Immigration Laws, Including AB 450 (March 09, 2018)

Jackson Lewis P.C. | California | Pending California Legislation Alert! Recently Introduced Bill Seeks to Protect Medicinal Marijuana Users from Employment Discrimination in California (February 27, 2018)

Carothers DiSante & Freudenberger LLP | California | California Proposes New Regulations on Parent Leave and Criminal History Inquiries (March 14, 2018)

Jackson Lewis P.C. | California | California Transportation Industry Waives Goodbye to Enforcement of Federal Arbitration Act Provisions in Employment Contracts (March 07, 2018)