Federal and state laws were made to protect the workforce. Employees have rights that employers cannot take away from them. There are laws in place that provide guidelines on how employees should be treated. The Fair Labor Standards Act establishes minimum wage, overtime pay, recordkeeping and child labor laws. This…
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New Jersey Family Leave Act Under the New Jersey Family Leave Act, commonly referred to as NJFLA, covered employees are entitled to take leave without losing their job, under certain conditions. Those conditions include: For an employee to receive leave under the NJFLA, employers must have at least 50 employees…
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When an employer makes the decision to hire new employees, it is important that they stay compliant with the laws enforced by the Equal Employment Opportunity Commission. There are laws that apply to every step of the process from advertising the job you are hiring for, to the recruitment process,…
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One of the biggest concerns that people have just become new parents have is that they want to spend this important time with their new child but aren't sure if they will be penalized by their employer. In New Jersey, an employee may be eligible to claim Family Leave Insurance…
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New Jersey has a code of laws that hold employers to a high standard for a variety of employment matters. One such matter is how employees are paid. New Jersey State law says that all employers should provide payment to their employees at least two times each month. The employer…
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It is well known that employees at healthcare facilities throughout New Jersey work long hours. When an employee is overworked, they may not be able to perform their job as accurately as they would otherwise. This becomes a serious issue when an employee's job is caring for other human beings,…
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One question that many employees with mental health issues wonder is whether their employer is required to keep the information regarding their mental illness confidential. Under the Americans with Disabilities Act, employers are not permitted to discriminate against any person with either a psychical or mental impairment. Some of the…
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As unfortunate as it may be, workplace discrimination is all too common. The federal government has implemented legislation to combat any workplace discrimination that may come to fruition when a person is applying for a job or looking to advance their career at the job they already have. Many instances…
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Discrimination in the workplace should not be taken lightly and it is important to take action to combat this issue. Discrimination consists of mistreatment, denial of benefits or job, or harassment due to your gender identity, sexual orientation, race, religion, nationality, age, disability, genetic information, or sex. The first step…
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New Jersey takes employment discrimination seriously and has a number of laws in place to ensure that none of its residents are denied the right to work because of a factor that has nothing to do with their ability to perform their job. One of those laws is the New…
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Fee shifting is basically shifting the fees from the party who bought the lawsuit to the party who lost the lawsuit. So basically, what that means is in employment discrimination, and in almost every civil rights statute, if you are successful, the court can order and often does order the…
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An employee who’s older than 40, presented with a separation or severance agreement by the employer, needs to know that there are certain requirements that the separation agreement must have. That includes a minimum or at least a 21-day consideration period. Now, the employee doesn’t have to take the full…
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If an employee has a disability and it’s affecting their ability to work, it is important to engage in a dialogue with their employer. If there is an accommodation that the employer can make so that the worker is able to fully function in their job, it should be implemented. This…
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Each state has a wage and hour law requiring an employer to pay certain minimum wages as well as the regularity with which wages have to be paid. So if you feel you’ve been cheated or not paid in accordance to the law, each state has its own agency within…
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Sometimes an employer will suspend an employee pending on the outcome of an investigation or criminal matter. If you are suspended pending the outcome of an investigation or a criminal matter that means that your employer doesn’t have to place you in the workplace while that investigation is ongoing. Often…
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If your employer has touched you in any way that is made you feel uncomfortable, that’s not acceptable. You should immediately contact either an agency or an attorney who can help you understand what your rights are and make your workplace a comfortable and safe environment for you. The employer…
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Whether or not an employer can suspend one of their employees indefinitely, is an interesting topic. It often depends on the recent suspension from the company or entity that you work for. Private employers probably have far greater rights to suspend you indefinitely than does the public employer. An employee should…
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In addition to the Family Medical Leave Act, a federal law, it is interesting to note that New Jersey has something called the Family Leave Act. The difference being that the New Jersey Act covers leave for family and their medical conditions, but not a personal medical condition, whereas the federal…
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Cost of Having Lawyer Representation At An Employer Discrimination Case Employees often ask what it cost to have a lawyer represent them in an employment discrimination case and often the answer depends on the kind of case. A lot of times, employees want to be represented on a contingent basis…
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Should I Take The Right To A Hearing For Disciplinary Action? Whenever an employer gives you the right to have a hearing on disciplinary charges that the employer intends to impose on you, you should absolutely request and follow through and get that hearing. At that hearing, the employer is…
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Clients and potential clients always have questions about what their rights are in the disciplinary process. Employers often have progressive discipline policies and then those policies and employee may have some rights to certain levels of discipline before suspension or termination. Public employees always have those rights and usually a…
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Employees often have questions when they are presented with a contract for employment about whether the employer will agree to negotiate any part of that contract. Sometimes, that is possible, sometimes, it’s not. Often an employer, depending on the size and the regular use of that contract, will simply refuse…
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Employees often have questions when they’re presented some kind of employment contract by their employer. Employers will present employees often with something that’s called a ‘restrictive covenant’, which is a non-compete, or a contract for certain term of employment that should always be reviewed by an attorney. You agreed to…
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Employees often have questions about whether their employer can send them for a random drug or alcohol test. In Pennsylvania and New Jersey, there are no laws regulating those test in private employment. However, you should be aware that your employer should have reasonable cause or at least a policy…
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Employees often ask questions about whether they can use social media or their cellphones in their workplace and employees have to be careful because when you engage in comments or communications about your employment, you may be incurring some liability especially if those comments are not favorable to the employer.…
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As a public employee in New Jersey, depending on what kind of municipality you work for whether it’s civil service or non-civil service, you have really a really a platform of rights. You always have the right to a hearing under civil service rules if your employer decides to suspend…
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If you’ve been injured as a result of a machine or a tool, there are two avenues that you need to look at. One is worker’s compensation if you’ve been injured on the job and a particular attorney handles that. You may also have rights additionally above and beyond any…
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I’m often asked by employees what kind of damages they can recover and whether it’s worthwhile to pursue a discrimination lawsuit. You should be aware that if you file a discrimination lawsuit and you are successful, you can be awarded compensatory damages which will include damages that you have for…
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An employee who has any medical disability, even pregnancy when it becomes a disability, does not have to tell their employer unless they’re seeking an accommodation or disability leave. Otherwise, your medical conditions are your personal private information. Often employees who are pregnant or who have any other medical condition…
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The American with Disabilities Act is an important civil right statute that guarantees or is supposed to guarantee that an employee cannot be discriminated against by its employer, simply because the employee may have a disability. Often we see cases where an employee is fully able to do all of…
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You may let out a sigh of relief when you finally get your foot in the door and start at the new job position…
You may find yourself a victim of unlawful force from another person, which may be classified as force used without your consent, in such…
After committing countless years in your job industry, you may assume that your background and insights would be well respected. However, it is unfortunate…
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