Dunn Lambert, LLC
We mean business
Comprehensive legal services for businesses in New Jersey and New York call 201-957-0874
Dunn Lambert, LLC
comprehensive legal services for businesses call 201-957-0874

April 2011 Archives

Business owners have a lot to consider in making first hire: Part 1

If you are planning to start a new business you might also be hoping to do well enough to hire an employee or two and keep growing from there. Before you hire your first employee, however, you have a lot of things to consider to make sure that your business is following all federal labor laws and New Jersey labor laws. Becoming an employer can be as much of a job as forming a new business was. To protect yourself as an employer and to protect your business, it is best to fully figure out all employment policies and logistics before you begin hiring employees.

Transgender New Jersey man alleges wrongful termination, files lawsuit

A transgender New Jersey man has filed a lawsuit against his former employer for wrongful termination. According to a piece in Forbes, the case may be the first in the U.S. where a transgender person is claiming employment discrimination based on birth gender. The case no doubt will spark complicated employment issues for employers to consider.

Winklevoss twins not ready to end litigation with Facebook

Cameron and Tyler Winklevoss are not ready to give up their fight against Facebook founder Mark Zuckerberg for allegedly stealing their idea to create a social networking site. According to Bloomberg Businessweek, the twins have appealed the decision of a three-judge appeals court panel and asked that the case be reviewed by a larger panel of judges of the U.S. Court of Appeals in San Francisco.

Sam's Club settles ethnic harassment lawsuit

As the world's largest retailer, Wal-Mart Stores Inc seems to always be in the midst of commercial litigation of some kind. The company has also faced many employment lawsuits as the world's largest private employer. The company is currently waiting for the U.S. Supreme Court to decide whether a massive sex discrimination lawsuit claiming men were favored over women in pay and promotions can proceed as a class-action.

Federal appeals court upholds 2008 Facebook settlement

As noted in a previous post, three former Harvard colleagues of Facebook founder and CEO Mark Zuckerberg have been continuing to pursue litigation against Zuckerberg even though they settled a lawsuit against him in 2008.

Expansion of ADA could lead to more class action lawsuits

A final version was released recently of amendments added to the Americans with Disabilities Act in 2008. The ADA was expanded in response to U.S. Supreme Court decisions that narrowly interpreted the law that is meant to protect people from discrimination in employment based on a disability. The new amendments were put in place to overturn those decisions.

Wal-Mart sex bias lawsuit will affect employment class actions

As reported in an earlier post, the U.S. Supreme Court justices listened last week to arguments in what could be the largest class-action lawsuit claiming discrimination in employment to ever be brought against a private employer. The justices will now have to decide whether to allow the sex discrimination lawsuit brought by six women against Wal-Mart, the world's largest private employer. The women would like the lawsuit to represent all female employees currently or formerly employed by Wal-Mart since 1998.

Businesses will implement OSHA's crowd control guidelines after Wal-Mart fine upheld

A judge recently upheld a fine issued to Wal-Mart by the Occupational Safety and Health Administration for failing to put effective safety measures in place during the Thanksgiving weekend sale of 2008, which resulted in an employee being trampled to death. Wal-Mart had been fighting the fine because of concern that OSHA and government could become too involved in dictating how businesses run sales.

New Jersey-based company alleges breach of contract

Edison, New Jersey-based Innovative Technology Distributors (IDT) filed a lawsuit in U.S. District Court for the District of New Jersey on March 10th against the new owner of their highest value-client. The suit alleges that the new parent company employed cut-throat business tactics that effectively eliminated IDT's ability to continue operating as a business, thus constituting a variety of violations including breach of contract, tortuous interference and violations of New Jersey state franchising law.The defendant company in this lawsuit is Oracle, who acquired IDT's business partner, Sun Microsystems in 2010. IDT has been a major reseller of Sun technology products since 2005. Since the acquisition last year, IDT claims Oracle had been purposefully delaying the creation of a new contract to replace the one they had prior with Sun.

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