To the extent that it attempted to limit the prospective waiver of procedural rights in favor of arbitration or other alternative dispute resolution, the 2019 amendment to the New Jersey Law Against Discrimination (NJLAD) is preempted by the Federal Arbitration Act (FAA), a New Jersey federal court has ruled in an unpublished opinion. New Jersey Civil...… Continue Reading
Courts regularly act as gatekeepers in determining what evidence juries are entitled to hear at trial. In Nuccio v. Shell Pipeline Co., LP, a federal district court barred an Equal Employment Opportunity Commission (EEOC) determination letter because its probative value was outweighed by its prejudice. No. 19-446-WBV-DPC (E.D. La. Dec. 11, 2020). Nuccio highlights an...… Continue Reading
Jackson Lewis’ Martin Aron has co-authored, “The Impact of COVID-19 on Employment Claims and Litigation,” published by Claims Magazine, Jan./Feb. 2021 issue. The article focuses on (1) the variety of pandemic-related claims and litigation that have emerged during the COVID-19 pandemic; (2) the role human resources professionals, in-house counsel, and insurance claims professionals can play in... Continue Reading…
Jackson Lewis’ Martin Aron has co-authored, “The Impact of COVID-19 on Employment Claims and Litigation,” published by Claims Magazine, Jan./Feb. 2021 issue. The article focuses on (1) the variety of pandemic-related claims and litigation that have emerged during the COVID-19 pandemic; (2) the role human resources professionals, in-house counsel, and insurance claims professionals can play in...… Continue Reading
Voters in Arizona, Mississippi, Montana, New Jersey, and South Dakota approved laws to legalize marijuana on Election Day 2020. Recreational marijuana was approved in Arizona, Montana, and New Jersey, while Mississippi voters approved medical marijuana. South Dakota voters approved both medical and recreational marijuana ballot initiatives. Medical Marijuana Mississippi – Mississippi Ballot Measure 1 passed,...… Continue Reading
A federal jury in Iowa has rejected Equal Pay Act claims by a female physician alleging she was paid less than her male colleagues in the same network for performing substantially equal work under the same compensation formula. Bertroche v. Mercy Physician Assoc., Inc., No. 1:18-cv-00059 (N.D. Iowa Nov. 13, 2019). The jury also found...… Continue Reading
A federal jury in Iowa has rejected Equal Pay Act claims by a female physician alleging she was paid less than her male colleagues in the same network for performing substantially equal work under the same compensation formula. Bertroche v. Mercy Physician Assoc., Inc., No. 1:18-cv-00059 (N.D. Iowa Nov. 13, 2019). The jury also found...… Continue Reading
A federal jury in Iowa has rejected Equal Pay Act claims by a female physician alleging she was paid less than her male colleagues in the same network for performing substantially equal work under the same compensation formula. Bertroche v. Mercy Physician Assoc., Inc., No. 1:18-cv-00059 (N.D. Iowa Nov. 13, 2019). The jury also found...… Continue Reading
A sweeping amendment to the New Jersey Law Against Discrimination (LAD) bars enforcement of non-disclosure provisions in settlement agreements and employment contracts, and prohibits the waiver of substantive and procedural rights under the statute. The amendment applies to all contracts and agreements entered into, renewed, modified, or amended on or after the effective date, March...… Continue Reading
A federal jury concluded that the former Superintendent of the East Greenbush Central School District failed meet her burden of proving she was terminated based on her gender and pregnancy status. Accordingly, the District was not liable for the more than $4 million in damages sought. Angela Nagle became Superintendent of the District in 2008....… Continue Reading