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Kates Nussman Ellis Farhi & Earle, LLP

Five Things to Watch in the Supreme Court's Case on Gender and Employment Discrimination

Gender.jpgEarlier this month, the Supreme Court heard arguments for three cases that begged the question of whether employees were protected from discrimination by their employers based on sexual orientation and gender discrimination. The three cases,  Altitude Express Inc. v. Zarda, Bostock v. Clayton County, and R.G. & G.R. Harris Funeral Homes v. EEOC, consisted of two cases where two gay men alleged they were fired because of their sexual orientation and one case where a transgender woman alleged she was fired when she announced she would embrace her gender identity at her workplace. The Court's decisions will be historical. Here are five things to watch as the case evolves, whether you an employer or employee. 

Divorced Parents' Religious Wishes for their Children

Girl Praying.jpgReligious upbringing of children is a major point of contention for divorced parents. When parents are of different religious faiths, each parent may have their own idea of the beliefs with which their children should be raised. In some cases, the parties or a court may have decided that a certain parent can choose the primary religious upbringing. This does not mean, though, that the parties are limited in exposing their children to other religions.  

When is Someone a "Habitual Drunkard" to Allow for Weapons Forfeiture?

Drunk Man.jpgLaw enforcement officers are entrusted by society to protect society and its principles. They are permitted and issued firearms for this purpose, largely as a matter of law. This privilege to carry firearms is not absolute though, and can be revoked in certain circumstances, even when not directly related to work environment; an officer's home life and personal habits can be used by the courts in their assessment. 

New Jersey Commits to Higher Minimum Wage

Governor Phil Murphy.jpgThis past January, New Jersey joined California, New York, and Massachusetts by raising the minimum wage to $15.00. Governor Phil Murphy and legislative leaders signed a deal to increase minimum wage in the state from its current $8.85 to $15.00 to reflect the rising costs of living expenses and further address economic inequality. The increase would effect over one million New Jersey workers and give them an opportunity to join the middle class. 

Non-compete Agreements: A Move Away from Undue Burdens

HR Photo.jpgNew Jersey law on non-compete agreements is changing, especially lately. In the past, New Jersey courts have allowed non-compete agreements to control a former employee's activities after termination or resignation, if it is "reasonable under all circumstances of his particular case," meaning that agreements that "simply protect[s] the legitimate interests of the employer, impose[] no undue hardship on the employee and is not injurious to the public." This was established in a 1970 New Jersey Supreme Court case. 

New Jersey Supreme Court Orders New Trial Because of Juror's Religious Bias

Courthouse.jpgMost people are familiar with the possibility of being called for jury duty. As part of our  civic duty, American citizens participate in jury duty and become part of the legal system. Jurors are given the opportunity to observe, participate in, and facilitate jury trials. 

Dying without Heirs - According to the State

Mother and Daughter.jpgThe value of having a will is that the person who makes the will gets to determine how his or her estate is divided up when he where she dies. Wills can name people specifically, whether family or not, or can name people generally (i.e., "I'd like my estate to be divided equally among all my children") so long as certain rules are followed at the time of creation. Many times there will not be a will when someone dies, in which case the State is left to determine how one's estate is distributed. In that case, the State has a very specific order for whom to distribute the estate; certain family members are able to take the estate - in whole or in part - as determined by their level of kinship. Otherwise, an estate will "escheat" to the State. This distribution can become more complicated when there are no spouses, children or live relatives.

Or Sometimes the Government Gets It Wrong - Student Loan Repayments

Student Loans.jpgMany people take our student loans from state or federal authorities to fund their schooling.  Loans give access to education to people who may not otherwise have it, and can help people achieve their dreams. Repayment of loans is generally deferred until after the student finishes his or her education.

Fraudulent Mailings Can Be Expensive - Way Beyond the Postage

vintage-3938883_1280.jpgBefore the age of email spam was the age of postal mail advertisements. Regulations for the former trace the legislative history of the latter, with most regulations restricting email spam based off of regulations for mail spam. In spite of the digital age, paper mailing advertising strategy is still used today, often on the elderly, who may be more susceptible to paper rather than digital documentation. 

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