August 17, 2021 | New Jersey Law Journal
COVID-19 Vaccine Mandates and the Dawn of Delta: Counseling Employers in an Age of UncertaintyWith the Delta variant now spreading rapidly, many employers are wary of having unvaccinated employees return to the workplace and, therefore, are evaluating whether to mandate that employees become vaccinated. The legal issues raised require careful, individualized and ongoing analysis for each employer.
By Catherine P. Wells and Nicole C. Tracy
8 minute read
March 13, 2020 | New Jersey Law Journal
NJ's Toys 'R' Us Bill: A Bellwether of Change Across the Nation?In response to the Toys 'R' Us layoffs, the New Jersey legislature revisited the impact that a termination of operations had on employees, and ultimately amended NJ WARN to significantly expand its scope and to mandate severance pay for affected employees.
By Catherine P. Wells and Stephen T. Scirocco
9 minute read
August 09, 2018 | New Jersey Law Journal
Diane B. Allen Equal Pay Act: A Substantially Dissimilar LawThe act—which applies to all employers in New Jersey, regardless of size—has been both hailed and criticized as the broadest pay equity law in the nation.
By Catherine P. Wells, Kathleen A. Faehner and Ilana Levin
8 minute read
April 18, 2012 | New Jersey Law Journal
Contingent Fee Enhancements Are Alive and Well in N.J.Revisiting Rendine v. Pantzer's treatment of fee-shifting under the Law Against Discrimination.
By Catherine P. Wells and Denise J. Pipersburgh
8 minute read
April 19, 2013 | New Jersey Law Journal
A Cloud of Uncertainty Over NLRB DecisionsIn January 2013, one year after President Obama made three so-called recess appointments to the National Labor Relations Board (NLRB), the D.C. Circuit Court of Appeals held that those appointments were unconstitutional and that, therefore, the board lacked the required three-member quorum to issue an order finding that an employer committed an unfair labor practice. The Circuit Court's decision will likely have far-reaching effects on modern labor law.
By Catherine P. Wells, Margaret Wood and Denise J. Pipersburgh
8 minute read
April 12, 2011 | New Jersey Law Journal
Using Credit Reports in Employment Decision-MakingQuestions raised by using credit checks as a hiring factor, and recent EEOC guidance on the subject
By Catherine P. Wells, Margaret O'Rourke Wood and Denise J. Pipersburgh
8 minute read
June 01, 2006 | Law.com
Navigating the Nuances of the 'Executive' Exemption for Overtime PayOver the past decade, there has been a nationwide increase in wage and hour lawsuits, along with investigations by the U.S. Labor Department and its New Jersey counterpart, based on employers' failures to pay overtime wages in accordance with the laws. Many employers are vulnerable to liability under federal and state laws because they misunderstand or misinterpret complex and confusing overtime regulations. And inconsistencies between federal and state laws mean even more confusion for employers.
By Catherine P. Wells and Jennifer R. Jacobus
8 minute read
March 24, 2009 | New Jersey Law Journal
A WARNing for Employers Conducting Reductions in ForceGiven the grim prospects for 2009, many employers undoubtedly will be forced to conduct additional reductions. Those employers, however, must comply with the federal Worker Adjustment and Retraining Notification Act ("WARN"), as well as some recently enacted state laws, known as "mini-WARN" acts.
By Catherine P. Wells, Margaret O'Rourke Wood and Denise J. Pipersburgh
8 minute read
March 23, 2010 | New Jersey Law Journal
Family Responsibilities Discrimination: Employee Discrimination of a New BreedAs the foregoing cases demonstrate, the legal foundation of many caregiver discrimination claims lies with a myriad of federal and state laws. Indeed, while caregiver status is not per se a protected category under existing federal or state law, the case law also demonstrates that such status may, nonetheless, be protected via other statutory mechanisms.
By Catherine P. Wells,Margaret O'Rourke Wood and Denise J. Pipersburgh
7 minute read
April 06, 2007 | New Jersey Law Journal
Gender Identity Gains ProtectionAmendment to NJLAD expands makes it an unlawful employment practice for an employer to discriminate against an employee based upon an individual's gender identity or expression.
By Catherine P. Wells and Margaret O'Rourke Wood
8 minute read