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With certain exceptions, a business in New Jersey may fire or refuse to hire a person because of his or her lawful, off-duty, political or recreational activities. Specifically, in New Jersey, employers may not refuse to hire or employ any individual and may not discharge from employment or take any adverse action against any employee with respect to compensation, terms, conditions or other…Read More

Though it is not required by law, the best practice for a company in Manhattan, NYC is to retain its employees’ personnel files for the length of the employee’s employment plus five years. This is the case, among other reasons, because an individual may file a lawsuit under the New York City Human Rights Law, N.Y. City Admin. Code §§ 8-101…Read More

On September 6, 2011, the New Jersey Department of Labor and Workforce Development repealed its existing rules governing exemptions from overtime pay requirements for executive, administrative, professional and outside sales employees, and instead adopted by reference the analogous regulations issued under the federal Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (the “FLSA”).   See here for a copy of the rule change.  New Jersey's…Read More

In June 2011, an arbitration panel of the Financial Industry Regulatory Authority, Inc. (“FINRA”) in Manhattan, NY awarded compensatory damages of $493,906, plus costs, to a high yield trader formerly employed by respondent Citigroup Global Markets, Inc. (“Citigroup Global Markets” or “CGMI”), for breach of an implied contract to pay the trader a bonus for 2008. Sabri v. Citigroup Global Markets, Inc.,…Read More

We sure would appreciate you voting for our law firm’s blog, the New York Business Litigation and Employment Attorneys Blog. Our law firm’s blog has been nominated by LexisNexis for its Top 25 Labor and Employment Law Blogs of 2011. Votes and comments posted online will help determine the winning blogs. You do not need to be a lawyer to vote. So if you…Read More

Last month, in Allen v. V & A Brothers, Inc., No. A-30 Sept. Term 2010, 066568 (N.J. July 7, 2011), the New Jersey Supreme Court, New Jersey's court of last resort, modifying and affirming in pertinent part the judgment of New Jersey's Appellate Division, held that when a company violates regulations issued under the New Jersey Consumer Fraud Act, N.J.S.A. §§ 56:8-1 - 56:8-184…Read More

On July 6, 2011, after an 11-day hearing, an arbitration panel of the Financial Industry Regulatory Authority, Inc. ("FINRA"), sitting in Philadelphia, Pennsylvania, awarded compensatory damages of $4,300,000 to broker Gregory P. Kipple ("the claimant broker," "the broker," or "Mr. Kipple"), who allegedly was fired by respondents Wells Fargo Advisors, LLC ("Wells Fargo") and Wachovia Securities, LLC ("Wachovia Securities") for writing a…Read More

A company in Manhattan, NYC makes a written offer of employment to an individual. Before the individual begins working at the company, the company’s profits plunge or its budget is cut significantly. If the company withdraws the written offer of employment before the individual starts work, does the individual have a valid cause of action against the company for breach of…Read More

The federal Immigration Reform and Control Act of 1986 (the "ICRA") preempts "any State or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit, or refer for a fee for employment, unauthorized aliens" (emphasis added).  8 U.S.C. § 1324a(h)(2).  This post sometimes refers to the italicized clause as the "savings clause" of…Read More