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August 2012 Archives

Demographic shifts may add to rise in prenuptial agreements

As we have mentioned before on our New Jersey blog, older couples entering into a second or third marriage may want to consider executing a prenuptial agreement. Divorce at a later age can destabilize one’s finances and can potentially diminish the assets one had planned to pass on to family, friends and other beneficiaries. But

EEOC’s employment discrimination strategy draws praise, criticism

The U.S. Equal Employment Opportunity Commission is frequently mentioned on our New Jersey blog, since it often brings employment discrimination lawsuits on behalf of victimized workers. This publicity is no accident. The agency has made a concerted effort to bring more and larger discrimination cases against companies in recent years. The capacity of the EEOC

Alimony reform still prominent topic in New Jersey

The debate over alimony reform presses on in New Jersey. The New Jersey Bar Association has lent its support to legislation that would create a commission to examine our state’s alimony laws and, after comparing them to those found in other states, would provide suggestions to leaders in government. The commission is not yet formed;

Lawsuit alleging violations of ADA settled by Wal-Mart

According to one attorney for the U.S. Equal Employment Opportunity Commission, a number of employers around the country may not be entirely aware of congressional additions to the Americans with Disabilities Act. Federal regulations have made clear, said the attorney, that many disabilities come within the circumference of the ADA. One of those disabilities is

New Jersey trooper wins on retaliation, discrimination claims

The Conscientious Employee Protection Act provides a legal remedy to New Jersey workers whose employers retaliate against them for reporting instances of discrimination and harassment in the workplace. A jury recently found that the New Jersey State Police violated the CEPA when it engaged in retaliatory measures against a longtime trooper who brought instances of

Overseas child custody case heads to Supreme Court

As late as next year, the U.S. Supreme Court will decide a case at the crossroads of two issues mentioned before on our New Jersey blog: international child removal and child custody cases involving members of the armed forces. These issues can be particularly difficult to deal with because the law involved is complex and

Legal planning can help couples entering second marriages

It goes without saying that divorce can bring some exceedingly intense emotions to the forefront. After a time for recovery, however, some people may begin to enter into new relationships. Marriage data show that second or third marriages by either the husband or wife account for 43 percent of all unions. While first-time spouses face

EEOC reaches settlement on pregnancy discrimination claim

In a number of prior posts on our New Jersey employment law blog, we have had occasion to note that Title VII of the Civil Rights Act of 1964 prohibits a wide range of discriminatory conduct. We have mentioned that companies cannot base their employment decisions on factors such as an employee’s race, gender or

Future may hold changes to child custody laws for soldiers

Many members of our nation’s military call New Jersey home. But for a significant number of those soldiers, home is often far away. It goes without saying that extended deployments overseas are difficult, but they can become even more so when a service member must deal with a child custody issue. According to some, family

New Jersey bus driver’s discrimination case sets precedent

The law prohibits employers from treating workers unfairly because of the religion they observe. But a recent court decision may negatively affect the rights of workers to receive accommodations for their religious beliefs. A panel for the U.S. Court of Appeals for the Third Circuit has sided with New Jersey Transit against one of its

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