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On March 11, 2015, the Third Circuit Court of Appeals became the first Circuit Court to apply the “covered employee” provision of the SAFETEA-LU Technical Corrections Act of 2008 (the “Corrections Act”) to the Motor Carrier Act exemption of the Fair Labor Standards Act (“FLSA”). In McMaster v. Eastern Armored Services, Inc., No. 14-1010…

Last week, Governor Christie of New Jersey signed the “Pregnancy Bill,” which amends New Jersey’s Law Against Discrimination, N.J.S.A. 10:5-12 (“NJLAD”), to provide that it shall be “an unlawful employment practice” or “an unlawful discrimination” to consider pregnancy in making an employment determination.  Pregnancy is now one of many protected classes under NJLAD, which also…

On June 24, 2013, the United States Supreme Court issued two employer-friendly opinions that substantially narrow potential liability for claims of supervisor misconduct and retaliation under Title VII of the Civil Rights Act of 1964 (“Title VII”).

In Vance v. Ball State University, 570 U.S. ____ (June 24, 2013), the Supreme Court, by a…

On October 19, 2011, the Appellate Division affirmed a trial court’s decision that abrasive, abusive, and condescending conduct toward employees does not, on its own, equate to a hostile work environment claim if the workplace conditions were the same for men and women. In other words, while the law protects against harassment motivated by a…