July 21, 2023 | New Jersey Law Journal
NJ Supreme Court Weighs Recordings and Presence of Third Parties at Defense Medical ExaminationsWhere the court departed from the Appellate Division was the latter's determination that the defendants bore the burden of demonstrating why a neutral third-party observer or an unobtrusive recording should not be permitted.
By Andrew M. Moskowitz
8 minute read
March 13, 2023 | New Jersey Law Journal
Forced Arbitration of Sexual Harassment, Sexual Assault Claims Is Likely Over but Questions RemainWhile the act bars only the forced arbitration of sexual harassment and sexual assault claims, it is an important first step in restoring employees' ability to bring discrimination and harassment claims in open court.
By Andrew M. Moskowitz and James E. Burden
9 minute read
May 24, 2018 | New Jersey Law Journal
But Wait, There's More! Equal Pay Act Contains Other Important ProvisionsThe act also includes broad anti-retaliation protections, a six-year statute of limitations, and exposure to treble damages.
By Andrew M. Moskowitz
6 minute read
November 06, 2017 | New Jersey Law Journal
A Primer on Employer's Duty to Accommodate Employees Injured in the WorkplaceAre employers required to provide light-duty work for an injured employee? Must they keep an injured employee's job open for more than 12 weeks? Can they retaliate against an employee for filing a workers' compensation claim?
By Andrew M. Moskowitz
8 minute read
April 17, 2017 | New Jersey Law Journal
Employer's 'Honest Belief' Is Complete Defense to FMLA Retaliation ClaimIn 'Capps v. Mondelez Global,' the Third Circuit determined that an employer who was both certain and wrong that an employee misused his FMLA leave could escape liability under the FMLA.
By Andrew M. Moskowitz
13 minute read
April 23, 2015 | New Jersey Law Journal
The Perils of an Unduly Adversarial, Passionate or Emotional SummationDuring the course of his or her summation, it is understood that "[c]ounsel's arguments are expected to be passionate, 'for indeed it is the duty of a trial attorney to advocate.'"
By Andrew M. Moskowitz
7 minute read
April 23, 2015 | New Jersey Law Journal
The Perils of an Unduly Adversarial, Passionate or Emotional SummationDuring the course of his or her summation, it is understood that "[c]ounsel's arguments are expected to be passionate, 'for indeed it is the duty of a trial attorney to advocate.'"
By Andrew M. Moskowitz
7 minute read
December 22, 2014 | New Jersey Law Journal
It's Not the Same as Court!After the N.J. Supreme Court's decision in Atalese v. U.S. Legal Services Group, arbitration clauses must state very clearly that the parties are waiving their right to sue in court.
By Andrew M. Moskowitz
8 minute read
October 01, 2014 | New Jersey Law Journal
How to Behave (and Not Behave) at a DepositionFederal court sanctions Jones Day attorney for interruptions and witness-coaching during deposition, and imposes a creative sanction on the firm.
By Andrew M. Moskowitz
7 minute read
July 17, 2014 | New Jersey Law Journal
Employee Misconduct Caused by a Disability Is Still MisconductDiabetic employee in California is spared from losing her job for eating a few potato chips without paying for them when her blood sugar was low. In N.J., she could have been fired.
By Andrew M. Moskowitz
8 minute read