Jonathan I. Nirenberg Law Blog

President Obama signed the Lilly Ledbetter Fair Pay Act of 2009, reversing the United States Supreme Court’s 2007 decision in Ledbetter v. Goodyear Tire & Rubber Co.

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The most common type of damages available in employment law cases in New York and New Jersey include economic damages, emotional distress damages, attorneys fees and costs, punitive damages, and liquidated damages.

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On December 16, 2008, in the case of Tartaglia v. UBS PaineWebber, the New Jersey Supreme Court expanded the scope of the claim of wrongful discharge in violation of public policy.... Read More

Earlier this year, New Jersey became the third state in the country to pass a law entitling employees to be paid during family leaves. New Jersey’s Family Leave Insurance law is set to go into effect in just a few weeks. This article will answer many of the most frequently asked questions about the New Jersey Family Leave Insurance law.... Read More

The New York Department of Labor recently issued guidelines for employee blood donation leave under New York State Labor Law Section 202-j. That law, which went to effect late last year, requires companies with twenty or more employees to allow employees to take time off to donate blood.... Read More

The New Jersey Appellate Division recently ruled that it is possible for an employee to prove he was fired for a discriminatory reason even if the person who made the ultimate decision to fire him did not have any discriminatory animus. Specifically, that can happen if the employee’s supervisor did something to bias the decisionmaker, or if the decisionmaker’s invol... Read More

On August 13, 2008, in Kwiatkowski v. Merrill Lynch, New Jersey’s Appellate Division ruled that a single anti-gay comment can create a hostile work environment in violation of the New Jersey Law Against Discrimination.... Read More

In a discrimination, retaliation, or other wrongful termination case, the largest component of your damages is often your lost wages. The starting point to calculate those damages is to figure out how much you would have received from your former employer if you had not been fired.  However, the law requires you to mitigate your economic losses, meaning you must make reasonable efforts to replace your lost salary and benefits.

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Ownership in a closely held corporation can offer a great opportunity. If the business is successful, corporate ownership can be financially lucrative, offer a career with excellent job security, and can be a fulfilling venture. Unfortunately, sometimes the controlling shareholders in a small business take advantage of one or more minority shareholders by ignoring their input, refusing to their share the profits, firing them from their seemingly secure jobs, or otherwise treating them unfairly.... Read More

On July 7, 2008, LAFE, the New Jersey Appellate Division ruled that retaliation that occurs after an employee was fired can violate the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-1, et seq.  The New Jersey Law Against Discrimination prohibits discrimination in employment, housing and places of public accommodation. It also includes an anti-retaliation provision that makes it unlawful for someone to retaliate if you engage in an activity that is protected by the New Jersey L... Read More