Andrew M Moskowitz

March 24, 2009 | New Jersey Law Journal

While those who design or modify computer programs, networks or systems are not entitled to overtime pay under federal law, individuals who "troubleshoot" or repair software and systems problems or perform "help" desk services usually are.

By Andrew M. Moskowitz

5 minute read

March 07, 2008 | New Jersey Law Journal

In a job bias case, the U.S. Supreme Court declared that "me too" evidence "is neither per se admissible nor per se inadmissible" - not a very helpful approach.

By Andrew M. Moskowitz

4 minute read

December 27, 2004 | New Jersey Law Journal

The Federal Arbitration Act creates a presumption in favor of arbitrability. To overcome this presumption, an attorney must show the arbitration agreement is unconscionable and, therefore, unenforceable.

By Andrew M. Moskowitz

7 minute read

January 13, 2005 | The Legal Intelligencer

Imagine that you are an attorney representing the plaintiff in an employment discrimination suit filed in federal court. Soon after serving the summons and complaint you receive a motion to stay the action and compel arbitration. Unbeknownst to you, at some point prior to her termination, your client signed a document agreeing to arbitrate any claims arising out of her employment.

By Andrew M. Moskowitz

5 minute read

September 13, 2007 | Law.com

Attorneys Andrew M. Moskowitz and Christopher J. Carcich discuss a recent post-trial opinion in a New Jersey gender discrimination and retaliation case that addresses several issues of interest for employment lawyers. In part, the Essex County Superior Court's opinion in the "glass ceiling" case analyzes whether a human resources employee's unauthorized removal and use of personnel documents constitutes "protected" activity, and provides several guideposts for submitting attorney fees applications.

By Andrew M. Moskowitz and Christopher J. Carcich

8 minute read

February 16, 2010 | New Jersey Law Journal

The DOL issued new regulations in 2004 specifically addressing when individuals meet the administrative exemption under the FLSA. Therefore, the importance of the Davis opinion will likely be in the cases that review the aspect of the administrative exemption that has not changed since the regulations were revised.

By Andrew M. Moskowitz

6 minute read

October 21, 2009 | New Jersey Law Journal

Employees must rely upon employers' protection of confidential documents in discrimination litigation.

By Andrew M. Moskowitz and Kathryn K. McClure

6 minute read

February 11, 2011 | New Jersey Law Journal

Gender discrimination, retaliation claims, confidential company documents and punitive damages.

By Andrew M. Moskowitz

7 minute read