Insights & Resources
Stay informed with helpful articles on workplace rights, employment law updates, and practical tips for navigating job-related legal issues.
Damian Shammas, Esq. selected to the New Jersey Super Lawyers list for the eleventh consecutive year
For the eleventh year in a row, Damian Shammas, Esq. has been selected to the exclusive Thomson Reuters New Jersey Super Lawyer list. The distinction is shared by a mere 5% of attorneys in the State of New Jersey. From...
FTC Rule Prohibiting Non-Competes Faces Setback
Earlier this year, the Federal Trade Commission (“FTC”) adopted a new rule that prohibited employers from imposing non-competition restrictions on their employees. According to the FTC, such provisions were an unfair...
The Firm Welcomes New Of Counsel, Erica Joy Goldring, Esq.
Exciting news! Our firm is expanding, and we're thrilled to welcome Erica J. Goldring, Esq. as Of Counsel. Erica brings extensive experience as a civil litigator, specializing in employment, professional liability,...
Damian Shammas, Esq. selected to the New Jersey Super Lawyers list for the tenth consecutive year
For the tenth year in a row, Damian Shammas, Esq. has been selected to the exclusive Thomson Reuters New Jersey Super Lawyer list. The distinction is shared by a mere 5% of attorneys in the State of New Jersey. From...
Damian Shammas selected to the New Jersey Super Lawyer list for the 9th consecutive year
For the ninth year in a row, Damian Shammas has been selected to the exclusive Thomson Reuters New Jersey Super Lawyer list. The distinction is shared by a mere 5% of attorneys in the State of New Jersey. From 2012...
Damian Shammas Selected to the New Jersey Super Lawyer List for Eighth Consecutive Year
For the eighth year in a row, Damian Shammas has been selected to the exclusive Thomson Reuters New Jersey Super Lawyer list. The distinction is shared by a mere 5% of attorneys in the State of New Jersey. From 2012...
New Jersey Employers May No Longer Discriminate Against Employees 70 or Over
The New Jersey Law Against Discrimination (“LAD”), already one of the strongest anti-discrimination laws in the country, was recently amended to expand protections to workers 70 and over. Pursuant to the...
Single Instance of Highly Offensive Conduct May Form the Basis for a Hostile Work Environment
In Rios v. Meda Pharmaceutical, Inc., the New Jersey Supreme Court recently held that a directsupervisor’s use of two highly offensive racial slurs could, by themselves, constitute a hostilework environment. This...
Employers May Require Their Employees to Get COVID-19 Vaccinations
The Equal Employment Opportunity Commission (“EEOC”) has issued guidance addressing employers’ ability to require their employees to receive COVID-19 vaccinations. According to the EEOC, employers may require their...
The 10th Anniversary of the Law Offices of Damian Christian Shammas, LLC
Ten years ago this month, the Law Offices of Damian Christian Shammas, LLC opened its doors and began serving New Jersey employees in their fight for justice. How time flies! Over the last decade I have had the...
Damian Shammas Selected to the New Jersey Super Lawyer List for Seventh Consecutive Year
For the seventh year in a row, Damian Shammas has been selected to the exclusive Thomson Reuters New Jersey Super Lawyer list. The distinction is shared by a mere 5% of attorneys in the State of New Jersey. From 2012...
New Jersey Supreme Court Clarifies Protections Afforded to Pregnant and Breastfeeding Employees
The New Jersey Supreme Court recently clarified the protections provided to pregnant and breastfeeding employees under a 2013 amendment to the New Jersey Law Against Discrimination (“LAD”). In Delanoy v. Twp. of Ocean,...
UNITED STATES SUPREME COURT HOLDS TITLE VII PROHIBITS DISCRIMINATION BASED ON EMPLOYEE’S GAY OR TRANSGENDER STATUS
On June 15, 2020, the United States Supreme Court held that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on an employee’s status as gay or transgender. According to the Court’s 6-3 ruling,...
Damian Shammas Selected to the New Jersey Super Lawyer List for Sixth Consecutive Year
For the sixth year in a row, Damian Shammas has been selected to the exclusive Thomson Reuters New Jersey Super Lawyer list. The distinction is shared by a mere 5% of attorneys in the State of New Jersey. From 2012...
Will Federal Law be Found to Prohibit Discrimination in Employment Against LGBTQ Employees?
The New Jersey Law Against Discrimination (“LAD”) prohibits discrimination in employment on the basis of an employee’s sexual orientation and/or gender identity and expression. However, the question of whether federal law, namely Title VII of the Civil Rights Act of 1964, prohibits discrimination in employment against such individuals is an unsettled question which the United States Supreme Court has agreed to consider in its next term.
NJ Law Against Discrimination Amended to Provide Greater Protection to Employees
Governor Phil Murphy recently signed new amendments to the New Jersey Law Against Discrimination (“LAD”) into law that provide employees entering into employment and settlement agreements with greater protections.
Major Changes Are Coming to New Jersey’s Family Leave Act
New Jersey Governor Phil Murphy recently signed into law an expansion of the New Jersey Family Leave Act (“NJFLA”). The NJFLA currently provides up to 12 weeks of job-protected leave in a 24-month period to eligible...
Damian Shammas Selected to the New Jersey Super Lawyer List for 2019
Damian Shammas Selected to the New Jersey Super Lawyer List for 2019 For the fifth year in a row, Damian Shammas has been selected to the Thomson Reuters New Jersey Super Lawyer list. The distinction is shared by a...
New Jersey Expands Its Paid Family Leave Law
New Jersey Expands Its Paid Family Leave Law Governor Phil Murphy recently signed into law major changes to the state's paid family leave program. The New Jersey Family Leave Insurance ("NJFLI") program provides wage...
Employers Need Not Waive Drug Test Requirements For Medical Marijuana Users
Medical Marijuana Users Face Adverse Employment Action Despite Legality The New Jersey Law Against Discrimination (“LAD”) requires New Jersey employers to provide reasonable accommodations to certain disabled...
Damian Shammas Selected to the New Jersey Super Lawyer List for 2018
Welcoming New Jersey's Super Lawyer Damian Shammas For The 4th Year Damian Shammas has been selected to the Thomson Reuters New Jersey Super Lawyer list for 2018. The distinction is shared by a mere 5% of attorneys in...
New NJ Equal Pay Law Will Have Far-Reaching Effects
Protected Classes Are Now In Good Hands With The NJ Equal Pay Law On April 24, 2018, Governor Phil Murphy signed the Diane B. Allen Equal Pay Act into law. Effective July 1, 2018, it is illegal for an employer to pay...
Damian Shammas Selected to the New Jersey Super Lawyer List for 2017
Welcoming New Jersey's Super Lawyer Damian Shammas For The 3rd Year Once again, Damian Shammas has been selected to the Thomson Reuters New Jersey Super Lawyer list for 2017. The distinction is shared by a mere 5% of...
Karlo v. Pittsburg Glass Works
Karlo v. Pittsburg Glass Works: Employees Over 50 Protected under the ADEA THIRD CIRCUIT ALLOWS CASE UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT BROUGHT BY EMPLOYEES OVER 50 In January 2017, the Third Circuit Court...
Favorable Overtime Rule Halted by Federal Court in Texas
Texas Issues An Injunction Putting Overtime Rule On Hold The United States Department of Labor had issued a rule that would have made over 4 million more employees eligible for overtime pay effective December 1, 2016....
IKEA’s Paid Parental Leave Policy a Sign of Things to Come?
Paid Parental Leave Will Offer Up To Four Months Compensation For Workers Swedish furniture giant IKEA announced that it will offer up to four months of paid parental leave to its full-time and part-time workers in the...
Female Employee Sent Home from Work and Docked a Day’s Pay for Not Wearing High Heels . . . in 2015!
The Equality Act of 2010 Is In Question After Employee Sent Home From Work You read that right – a female employee in a London accounting firm was sent home a little over a year ago for failing to wear shoes with a...
Should the Recent Canadian Law Against Sexual Harassment Be a Model for Federal and State Law?
The Canadian Law Against Sexual Harassment Mandates All Incidents Following several high profile cases of sexual violence and harassment in the workplace, Canadian lawmakers have passed a law entitled the “Sexual...
To Record or Not to Record a Conversation—That is the Question
Recording A Conversation In A "One Party Consent" State Individuals often record conversations in the workplace when they believe that they are being discriminated or retaliated against or harassed and want proof of...
Equal Pay for Equal Work: Where do New Jersey and New York stand?
44 States, Including NJ & NY, Are All For Equal Pay For Equal Work According to the National Conference of State Legislators (http://www.ncsl.org/research/labor-and-employment/equal-pay-laws.aspx), 44 states,...
Do I have to answer that?
Questioning During An Interview Should Focus On Job Qualifications What Potential Employers Can and Cannot Ask During an Interview Are you married? How old are you? Are you gay? Do you go to church on Sundays? Are you...
Court Holds That An Employer Cannot Retaliate Against Employee for Filing Police Report
Employee Goes Ahead With Filing Police Report Against Employer's Wishes Recently, the Appellate Division found that an employee’s filing of a police report regarding a customer’s offensive touching constituted...
New Jersey Supreme Court Expands “Marital Status” Protection To Employees Who Are Separated or Going Through a Divorce
Marital Status Included Among Employee Characteristics Protected by LAD The New Jersey Supreme Court recently held that the New Jersey Law Against Discrimination (“LAD”) protects employees who are separated from...
Appellate Court Reverses Dismissal of Workers’ Compensation Retaliation Claim
Appellate Court Justifies Employee's Belief In Wrongful Termination Recently, the Appellate Division decided the case of Robinson v. Armadillo Automation, Inc. in which the employee had alleged, among other things,...
Pet Bereavement Leave
Companies Are Now Offering Employees Bereavement Leave For Pets Many companies offer their employees bereavement leave to be taken upon the death of a family member. However, some companies are taking this one step...
New Jersey Supreme Court holds that employees hired to be watchdogs can be whistleblowers
The Supreme Court Claims Watchdog Employees Could Sue Under CEPA On July 15, 2015, the New Jersey Supreme Court held that “watchdog” employees are entitled to the protections afforded by the New Jersey Conscientious...
What you need to know about the United States Supreme Court’s recent ruling against Abercrombie & Fitch
United States Supreme Court Rules To Protect Religious Practices Of Workers On June 1, 2015, the United States Supreme Court ruled in favor of protecting religious expression in the workplace by concluding that an...
Can you be fired for being late to work?
Careerbuilder.com Reports 35% Of Terminations Are For Being Late To Work A recent poll on Forbes.com indicated that one in five employees arrives for work late at least once a week. This same poll reported just under...
When “Work from Home” offers are too good to be true
Could You Recognize A Work From Home Scam? We have all seen the offers – sometimes via email, or on flyers placed on your windshield, even along local streets – promising easy work from home opportunities in exchange...
Are you an Employee or an Independent Contractor?
New Jersey Supreme Court Clarifies Standards For Independent Contractors The New Jersey Supreme Court recently clarified the standard to be used to determine whether a worker is an employee or an independent contractor...
Sleepy’s Blog
Supreme Court Adopts "ABC" Test To Conclude If Workers Were Independent New Jersey Supreme Court resolves how to determine whether an individual is an employee or an independent contractor for wage payment and wage and...
Is it OK to exchange gifts in the workplace?
Take Note Of Your Employer's Gift Exchange Policy The holidays are upon us and gift-giving and receiving is inevitable. It’s easy to get caught up in the holiday spirit by giving gifts to your boss and co-workers...
Looking for a job as a temporary employee for the holidays? KNOW YOUR RIGHTS!!
Temporary Employees' Legal Rights Are Equally Represented ‘Tis the season that employers hire temporary employees for the busy holiday season. While the temporary employee is just like any other at-will employee,...
Can you be required to work on Thanksgiving?
Legally, It's The Retailer's Prerogative To Be Open On Thanksgiving More and more retail establishments are starting the holiday shopping season on Thanksgiving. Indeed, being open on Thanksgiving is becoming more...
Can an employer fire me for refusing to get a flu shot?
At-Will Employees Could Be Terminated For Flu Shot Refusal Yes, if you are an at-will employee you can be fired for refusing to get a flu shot. With the onset of cold and flu season, undoubtedly, someone in your office...
New Restrictions on NJ Employer’s Ability to Inquire About Applicant’s Criminal Record
Applicant's Criminal Record Only Available After Initial Employment Process On March 1, 2015, New Jersey’s Opportunity to Compete Act goes into effect. This law applies to employers with 15 or more...
Ebola Raises Issue of Health Care Workers’ Rights
Can A Health Care Worker Refuse To Treat An Ebola Patient? Ebola is dominating the current news cycles. Much of the news coverage focuses on patient symptoms, how the virus is spread and how health care workers can...