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In a landmark New Jersey employment law case, Aguas v. State of New Jersey, 220 N.J. 494 (2015), the New Jersey Supreme Court laid out an affirmative defense for employers in sexual harassment claims by employees. In Aguas, the Court adopted the “Faragher-Ellerth” affirmative defense standard in response to vicarious liability claims. The Faragher-Ellerth defense was established by the United States Supreme Court in two cases, Faragher v. … [Read more...] about Affirmative Defense for Employers in Sexual Harassment Claims
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Classifying New Jersey Workers As Independent Contractors Becomes More Complicated
On August 8, 2022, the New Jersey Supreme Court released its decision in East Bay Drywall, LLC v. Dep’t of Labor & Workforce Dev., ___ N.J. ___, ___ (2022) (A-7-21) (085770). With this decision, the Supreme Court illustrated the proof hurdles employers must overcome when classifying New Jersey workers as independent contractors instead of employees.. The decision highlights the necessity for employers to document the support for an … [Read more...] about Classifying New Jersey Workers As Independent Contractors Becomes More Complicated
Employment Attorneys Settle Employment Dispute for Teacher/Administrator
Robert B. Woodruff and Kieran M. Dowling settled an employment matter on behalf of the plaintiff, who was employed by the Bayonne Board of Education. The plaintiff worked as a teacher, educational service professional, and school administrator. The board denied the plaintiff a promotion because of her familial relationship with the former Mayor and former Business Administrator, whom the individual defendants had political animus towards. … [Read more...] about Employment Attorneys Settle Employment Dispute for Teacher/Administrator
Employment Attorneys Settle Civil Rights Violations Case
Attorneys Robert B. Woodruff and Kieran M. Dowling settled an employment matter on behalf of a temporary carpenter for the Elizabeth Board of Education (the “EBOE”). The plaintiff alleged the EBOE removed him from his position because: (1) he refused to contribute financially to the Hispanic-centered political campaign; and (2) he did not live in Elizabeth and therefore could not vote in local elections. The plaintiff alleged the EBOE had … [Read more...] about Employment Attorneys Settle Civil Rights Violations Case
Civil Rights and Employment Attorneys Settle Police Officer’s Employment Dispute for $80,000, plus Terminal Leave and Full Benefits
Attorneys Robert B. Woodruff and Kieran M. Dowling recently settled an employment matter on behalf of a police officer. The plaintiff police officer was subjected to unlawful discrimination based on race by the defendants. The defendants created a hostile work environment through severe, pervasive, and regular instances of racial discrimination. The defendants also retaliated against the plaintiff for reporting and opposing discrimination, … [Read more...] about Civil Rights and Employment Attorneys Settle Police Officer’s Employment Dispute for $80,000, plus Terminal Leave and Full Benefits
Commercial Litigation Attorneys Settle Breach of Commercial Lease Case
Attorney Kieran M. Dowling represented the plaintiff landlord in a breach of commercial lease matter. The defendants had destroyed the premises, which had been a pizzeria, stole equipment and fixtures, and vacated the premises without notice before the end of the lease term. After securing summary judgment on behalf of the landlord on liability, the matter settled on the eve of a damages-only trial for $210,000.00. … [Read more...] about Commercial Litigation Attorneys Settle Breach of Commercial Lease Case