Michael J. Slocum

Firm/Organization: Greenberg Traurig, LLP

Latest Articles

Attention New York Employers: When It Comes to Workplace Harassment, Times Are Changing

By Robert Bernstein, Jerrold Goldberg, Eric Sigda, Mark D. Lurie, Michael J. Slocum, Noel A. Lesica & Melanie A. Sarver on August 20, 2019

On August 12, 2019, New York Governor Andrew Cuomo signed new legislation amending the New York State Human Rights Law (the “NYSHRL”), changing the State law’s previous adherence to certain fundamental principles of federal law concerning employment harassment generally, including the standard for determining employer liability for “hostile work environment” discrimination claims and the availability of punitive damages, among other issues. Whereas New York courts have historically interpreted the NYSHRL based on interpretations of claims…

GT L&E Blog

Out-of-State Workers Can Assert Claims Under New Jersey Anti-Discrimination Law

By Michael J. Slocum & Katarina S. Kingston on July 2, 2019

On June 27, 2019, New Jersey’s Appellate Division ruled that New Jersey’s Law Against Discrimination (NJLAD) can extend “in appropriate circumstances” to plaintiffs who reside or work outside of the state where New Jersey has the “most significant relationship” to the claims. Calabotta v. Phibro Animal Health Corp., et al. In 2008, New Jersey-based Phibro Animal Health Corporation hired plaintiff David Calabotta to serve as vice president of marketing and technology deployment for Prince Agri…

GT L&E Blog

Recapping the Many Legal Developments Affecting Private Employers in New York and New Jersey, So Far, in 2019

By Robert Bernstein, Mark D. Lurie, Michael J. Slocum, Noel A. Lesica, Christopher Katsimagles, Katarina S. Kingston & Ryan P. O'Connor on June 25, 2019

There have been many significant developments in the first half of 2019 impacting private employers in New York and New Jersey. Federal, state, and local legislatures and agencies have been particularly busy in the employment arena, promulgating sweeping laws and regulations affecting a broad range of well-entrenched employment practices. For instance, New Jersey adopted prohibitions against non-disclosure provisions in settlement agreements resolving discrimination and harassment claims (with, as discussed in this GT Alert, New York…

GT L&E Blog

New Jersey Federal Court Declares State’s New Equal Pay Act Does Not Apply Retroactively – Will State Courts Agree?

By Raquel S. Lord & Michael J. Slocum on January 22, 2019

On Jan. 15, 2019, U.S. District Judge William J. Martini ruled that New Jersey’s newly minted Diane B. Allen Equal Pay Act (NJEPA), enacted April 24, 2018, and by its terms effective July 1, 2018, “is not retroactively applicable to conduct occurring prior to its effective date.” Perrotto v. Morgan Advanced Materials, PLC. While Judge Martini’s well-reasoned decision is for employers a welcome early contribution to NJEPA jurisprudence, it remains to be seen whether…

GT L&E Blog

Recapping the Many Legislative Developments Affecting Private Employers in New York and New Jersey, So Far, in 2018

By Robert Bernstein, Michael J. Slocum & Noel A. Lesica on September 6, 2018

There have been many significant legislative developments over the past year which have and will affect private employers in New York and New Jersey. Federal, state, and local legislatures have been busy in the employment arena, promulgating rules and regulations affecting a broad range of well-entrenched employment practices. For instance, in New Jersey, pending legislation affecting the resolution of discrimination cases could upturn the status quo on matters as fundamental as requiring claimants to hold…

GT L&E Blog

New Jersey Adopts State-Wide Mandatory Paid Sick Leave

By Robert Bernstein, Michael J. Slocum & Noel A. Lesica on May 7, 2018

Earlier this month, New Jersey Governor Phil Murphy signed a much-anticipated state-wide paid sick leave law. The law, which will go into effect Oct. 29, 2018, requires all New Jersey employers – regardless of size – to provide paid sick leave to their employees, whether full- or part-time. Notably, while dubbed the “paid sick leave bill,” the law also requires employers to pay “sick” leave to employees absent from work for reasons wholly unrelated to…

GT L&E Blog

New Jersey Legislation Raises the Stakes in Unequal Pay Claims

By Robert Bernstein & Michael J. Slocum on April 2, 2018

Last week, the New Jersey Legislature passed a high profile bill proposing sweeping amendments to New Jersey’s Law Against Discrimination (LAD). The most noteworthy amendments are designed to broaden LAD’s protections against alleged discriminatory pay practices. If Governor Murphy signs the bill into law, as is almost certain, New Jersey’s equal pay law will be among the nation’s most expansive laws of its kind and will carry severe penalties for employers who run afoul of…

GT L&E Blog

GT’s Labor & Employment Law Update 2017

By Robert Bernstein, Michael J. Slocum, Mark D. Lurie, Noel A. Lesica & David Tango on February 5, 2018

The past year saw many significant developments in the area of labor and employment law at all levels of government. Simply by way of example, new legislation imposed additional obligations on employers that operate in New Jersey and New York; federal Courts of Appeals “clarified” standards applicable to workplace discrimination claims; and under the Trump Administration, several agencies—particularly the NLRB—began to rein in some of the more far-reaching policies and decisions from the Obama era.…

GT L&E Blog

Court Invalidates DOL Overtime Rule, Holds Increased Salary Test is Contrary to Congressional Intent and Exceeds DOL Authority

By Robert Bernstein, John R. Richards & Michael J. Slocum on September 1, 2017

On Nov. 22, 2016, a Texas federal court stayed implementation of the U.S. Department of Labor’s (DOL) rule amendment which would have roughly doubled the minimum salary threshold for many employees to be considered exempt from federal overtime requirements under the Fair Labor Standards Act (FLSA). On Aug. 31, 2017, the same court declared that the DOL’s rule amendment “is invalid” as a matter of law, reasoning that the DOL exceeded its authority by adopting…

GT L&E Blog

Third Circuit ‘Clarifies’ that a Single Racial Slur May be Sufficiently ‘Severe’ to Create a Hostile Work Environment

By Robert Bernstein, Michael J. Slocum & Noel A. Lesica on July 26, 2017

Characterizing its own precedent as “inconsistent” and “confusing,” the Third Circuit Court of Appeals, in a published opinion earlier this month, undertook to “clarify” the “correct standard” for establishing a hostile work environment claim under federal anti-discrimination law (in particular, Title VII). Castleberry v. STI Group, No. 16-3131. To state such a claim, plaintiffs must show that the harassment they experienced was either “severe” or “pervasive”—they need not plead or prove that it is both.…

Michael J. Slocum

Attention New York Employers: When It Comes to Workplace Harassment, Times Are Changing

Out-of-State Workers Can Assert Claims Under New Jersey Anti-Discrimination Law

Recapping the Many Legal Developments Affecting Private Employers in New York and New Jersey, So Far, in 2019

New Jersey Federal Court Declares State’s New Equal Pay Act Does Not Apply Retroactively – Will State Courts Agree?

Recapping the Many Legislative Developments Affecting Private Employers in New York and New Jersey, So Far, in 2018

New Jersey Adopts State-Wide Mandatory Paid Sick Leave

New Jersey Legislation Raises the Stakes in Unequal Pay Claims

GT’s Labor & Employment Law Update 2017

Court Invalidates DOL Overtime Rule, Holds Increased Salary Test is Contrary to Congressional Intent and Exceeds DOL Authority

Third Circuit ‘Clarifies’ that a Single Racial Slur May be Sufficiently ‘Severe’ to Create a Hostile Work Environment

Company

Support

New to the Network