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New Jersey Employment Lawyers Blog

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Supreme Court Sides With SnapChat Cheerleaders and Extends First Amendment to Protect Public Students Profane Off-Campus Statements

In an 8-1 decision, the U.S. Supreme Court has ruled in favor of a Pennsylvania teenager in a closely watched free speech case, after the student was suspended from her high school cheerleading squad after posting a series of profane “stories” to her social media Snapchat account. This case reexamined…

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Supreme Court: Showing of Adverse Employment Act Not Required For Failure-to-Accommodate Disability Claim

In a landmark decision, the New Jersey Supreme Court has held that employees who suffer from a disability do not need to show an adverse employment action in order to prevail on a failure to reasonably accommodate claim. The case is being considered by New Jersey employment lawyers as a…

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Neuwirth Seeks to Amend Whistleblower Lawsuit to Add Claims of Defamation Against Governor Murphy and Assemblyman DePhillips

FOR IMMEDIATE RELEASE HOLMDEL, NEW JERSEY (May 26, 2021)–Former Assistant Commissioner of the New Jersey Department of Health’s Division of Public Health, Infrastructure, Laboratories and Emergency Preparedness, Christopher Neuwirth, filed a motion  today in his pending whistle-blower lawsuit to add claims of defamation against the State, Governor Murphy and Assemblyman…

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Cuomo’s Definition of Sexual Harassment with New York Law

New York Governor Andrew Cuomo has been under fire since March 2021, having been accused by over a half-dozen women of sexual harassment, including staffers who say the harassment took place at work. Some are surprised by the allegations given that Governor Cuomo has publicly been seen as one of…

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High School Cheerleaders Free Speech Case Heads US Supreme Court

In our recent political climate, the First Amendment and protected speech have been prevalent topics of public discourse. The conversation around our constitutionally protected right to express ourselves freely often focuses on the words and actions of adults, especially adults in the public eye. But free speech is a right…

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Ocean City Beach Patrol Accused of Rampant Sexual Harassment and Assault of Teen Lifeguards

For many teens, a summer job is a rite of passage, a way to earn money and gain independence, and start the transition into adulthood. For many teen girls working for Ocean City Beach Patrol, their summer lifeguarding jobs allegedly also came with unwanted groping, sexual harassment and sexual assault…

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#KnowYourRights Alert: Federal Government Is Now Subsidizing Cobra Coverage for Eligible Employees

On April 1, 2021 the American Rescue Plan Act (“ARPA”) went into effect, providing much needed relief as the country continues to reel from the impact of COVID-19. ARPA, which was signed into law on March 11, 2021, is a comprehensive, albeit temporary, funding bill addressing the economic and public…

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Trump Campaign Gag Orders Are Unenforceable Against Employees Exercising First Amendment Rights

A former employee of Donald Trump’s 2016 Campaign has won a major legal victory against her former employer. Denson v. Donald J. Trump for President, Inc., Slip Copy, 2021 WL 1198666 (S.D.N.Y. March 30, 2021). Jessica Denson has won a summary judgment motion against the Campaign barring it from enforcing…

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Residency Requirement for Public Employees Receives Court Scrutiny

It is not uncommon for states or municipalities to require local residency for public employment. Proponents of residency requirements feel that they benefit the community because residents are more likely to have a strong commitment to the community, to pay local taxes, attend local schools and participate in community activities.…

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How Political Rhetoric Has Exacerbated Discrimination Towards Asian Americans During COVID-19 Pandemic

In January, during a television news interview, then President Donald Trump said about the novel coronavirus, “It’s one person coming in from China.” That one remark, seemingly a purely geographical description of the virus’ origin, became the starting point from which our former President attempted to shift blame from his…

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