Andrew M Moskowitz

September 27, 2012 | New Jersey Law Journal

Employers' use of criminal records in employment decisions may violate Title VII.

By Andrew M. Moskowitz and Eleanor Lipsky

8 minute read

April 19, 2012 | New Jersey Law Journal

Third Circuit holds that bad faith is a prerequisite to a finding of spoliation.

By Andrew M. Moskowitz and Kamilla B. Rodrigues

6 minute read

April 19, 2013 | New Jersey Law Journal

The National Labor Relations Board (NLRB) has found that employees who discuss the terms and conditions of their employment with coworkers are engaged in "concerted activity" protected by the National Labor Relations Act (NLRA). These NLRB decisions and advice memos provide critical guidance for attorneys drafting workplace social media policies for employers.

By Andrew M. Moskowitz and CJ Griffin

8 minute read

May 23, 2005 | New Jersey Law Journal

Given the many hurdles an employer faces in obtaining equitable relief for breach of a restrictive covenant, the agreement should contain a clause entitling the employer to request appropriate compensation in the event of a breach.

By Andrew M. Moskowitz

6 minute read

May 31, 2011 | New Jersey Law Journal

An employer may be held liable due to the discriminatory animus of an employee.

By Andrew M. Moskowitz and Carly J. Skarbnik

6 minute read

September 07, 2007 | New Jersey Law Journal

Recent decision addressed several issues of interest to practitioners: it discussed what constituted "protected" activity that would support a retaliation claim; addressed the criteria for awarding an enhancement to a lodestar fee; and endorsed the awarding of additional compensation to offset an award's negative tax consequences.

By Andrew M. Moskowitz and Christopher J. Carcich

8 minute read

October 31, 2005 | New Jersey Law Journal

The Appellate Division recently ruled that three restaurant managers who failed to properly delegate authority were not entitled to overtime pay.

By Andrew M. Moskowitz

6 minute read

December 05, 2005 | New Jersey Law Journal

Trainees are exempt from minimum wage laws. This raises several important questions: which employees qualify as trainees; do fringe benefits qualify as "wages"; and may an employer assert a "good faith" defense to an action or proceeding?

By Andrew M. Moskowitz

6 minute read

April 03, 2006 | New Jersey Law Journal

The Appellate Division recently held that the Law Against Discrimination provides a cause of action against a school district for peer harassment of a student based on the latter's sexual orientation.

By Andrew M. Moskowitz

5 minute read

May 25, 2005 | Law.com

Given the many hurdles an employer faces in obtaining equitable relief for breach of a restrictive covenant, the agreement should contain a clause entitling the employer to request appropriate compensation in the event of a breach, says attorney Andrew M. Moskowitz. Particularly in situations where an employee's departure is not likely to cause irreparable harm, such a provision may afford the employer adequate relief.

By Andrew M. Moskowitz

6 minute read