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April 2016 Archives

Parental Supervision in New Jersey: Best Interests of the Child are Paramount

In most New Jersey divorces, children spend time with both parents. In some cases, the actions, history, physical, or mental health issues of one parent may create an unsafe environment for a child, and the courts may decide that unconditional visitation is not in that child’s best interests. In such cases the court may order supervised visitation or alternative parenting time in lieu of traditional parenting time.

US EEOC Changes the Complaint Process: New Rights for Employees

United States law prohibits employers from discriminating against employees based on race, color, religion, sex (which could include gender identity, sexual preference, and pregnancy), national origin, age, disability, or genetic information. When an employee experiences discrimination for one of these reasons in the workplace context, that person has a right to legal recourse.

New Jersey Divorce: Customary Shopping or Dissipation of Assets?

When a marriage turns sour, some disenchanted spouses act out in ways that hurt the person they are divorcing. Spending down of joint marital assets is one way alienated partners can hit each other below the belt. When one spouse spends marital assets in a manner that is self-serving and significantly outside of the norm, that is called “dissipation of assets.”

A Hard Pill to Swallow: Accommodating Religious Beliefs in NJ Healthcare

Federal Law prohibits religious discrimination of job applicants and employees by employers. Under Title VII of the Civil Rights Act of 1964 employers are required to provide a reasonable accommodation for religious those beliefs in the workplace. State law also reflects the rights of employees to avoid workplace obligations that place them in direct conflict with their sincerely held religious beliefs.

How to Successfully Co-Parent After Finalizing Your NJ Divorce

For many divorcing parents, the idea of co-parenting seems a remote possibility indeed. However, any good family lawyer will tell you this: the factor that best predicts successful child-based outcomes in a divorce context is for both parents to act in the best interests of the child. In an ideal world, divorce would not exist. In the real world, divorcing parents should think creatively about how to continue to co-parent effectively. Your children’s lives and future happiness literally depend on it.

In NJ, May an Employer be Liable for a Wrongful Fitness-for-Duty Exam?

In New Jersey, an employer has the right to order an examination for an employee they reasonably believe may not be healthy enough to perform their job properly and safely. This examination, called a “fitness-for-duty” test, is allowed if the employer has a reason to believe the employee, for reasons of health, may not be able to perform their job, or may constitute a direct threat to the safety of self or others in the workplace.

NJ Supreme Court: Grandparents’ Visitation Rights Are Strictly Limited

The N.J. Supreme Court has once again spoken about grandparent visitation rights. In Major v. Maguire, one parent died and the remaining parent attempted to prevent the decedent’s parents from visiting the child. This case has given way to a new discussion of the N.J. Grandparent’s Rights Statute, the law that protects parents’ rights to make decisions with regard to their own children, without interference from grandparents. In a dispute, the statute places the burden on the grandparents to prove that grandchildren will be harmed if visitation is denied.

Federal District Court Orders Employers to Pay for 20 Minute Breaks

Good news for office workers; your employer has to pay you for bathroom breaks. In a recent decision, the a Federal District Judge in Pennsylvania ordered the owners of American Future Systems, Inc., a telemarketing company, to compensate workers for money the company had docked them for short breaks, including trips to the bathroom. The employer owes at least $1.75M in back pay.

May Men Sue for Gender Discrimination in the NJ Workplace? Some will be Surprised at the Answer.

Yahoo fired Gregory Anderson from their media division in November 2014, claiming that he had performed poorly in his quarterly employee review. A year later, Anderson filed a California lawsuit against Yahoo, citing that he was a victim of gender discrimination. While the majority of gender related lawsuits are filed on behalf of women, gender bias can affect men in the workplace as well.

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