Fair Labors Standards Act: What You Should Know About FLSA
For over 30 years, our New Jersey employment lawyers have focused our attention on providing experienced and effective legal services for clients across Gloucester County and southern New Jersey. Our focus on employment law allows us to provide client-tailored legal services that produce results. Through our years of service, The Vigilante Law Firm has helped countless clients through all employment matters, including wrongful termination, whistleblower protection, discrimination, sexual harassment, and disciplinary hearings. If you need an effective legal team, contact The Vigilante Law Firm to schedule a consultation with an experienced Gloucester County employment lawyer today.
At The Vigilante Law Firm, we have the skill and experience it takes to effectively walk you through any employment law matter you may be facing. Some of our many employment law services include the following:
When you meet with one of our employment lawyers, you will learn that employees have rights regarding whistleblowing protection. When a person speaks up against an illegal activity or unsafe condition perpetrated by an employer or another employee, they should no longer fear for their livelihood. In New Jersey, there is a statute called the CEPA – Conscientious Employee Protection Act. If an employee comes forth with evidence or information that their employer has engaged in unlawful conduct and that employee is later terminated, it may constitute wrongful termination. This act is called retaliation and is illegal under state and federal laws. There are actions that the employee can take to challenge the unlawful discharge. If you believe that your actions should fall under the protection of whistleblower statutes, contact The Vigilante Law Firm to discuss this matter.
Discrimination laws are in place to protect employees and job applicants from being treated differently in the workplace and hiring process. Discrimination applies to people of a protected class, including race, nationality, ancestry, age, sex (including pregnancy), marital status, creed, color, national origin, domestic partnership or civil union status, affectional or sexual orientation, gender identity or expression, mental or physical disability, perceived disability, atypical hereditary cellular or blood trait, genetic information, liability for military service, and AIDS and HIV status.
Our Employment Lawyers are often asked what kind of damages they can recover and whether it’s worthwhile to pursue a discrimination lawsuit. If you file a discrimination lawsuit and you are successful, you can be awarded compensatory damages for lost wages and the impact on future wages, legal fees, emotional stress, and more. If you believe that you have been discriminated against, you need an effective law firm to protect your rights under state and federal law. Contact The Vigilante Law Firm.
Unfortunately, sexual harassment is still a major problem in the workplace. Sexual harassment comes in many forms. One form of sexual harassment is called “quid pro quo”. Quid pro quo sexual harassment includes unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature with the intention of impacting the condition of one’s employment.
Sexual harassment can also take the form of a hostile work environment. If a person is exposed to sexual, abusive, or offensive conduct because of gender that is so severe or pervasive that a reasonable person would consider the working environment hostile or abusive, it may be unlawful.
If you believe that you have been subjected to sexual harassment, it is important to consult with an attorney who can assess your case, guide you through your legal options, and effectively protect your rights. If you need to discuss this matter, contact our compassionate and experienced law firm.
Federal and state laws put forth the obligation of an employer to provide employees with certain pay, overtime pay, and an established rate of pay. The federal minimum wage has been set at $7.25 per hour. States must meet the minimum wage, but can go further and offer their own minimum wage. New Jersey’s minimum wage for most employees is $15.92 per hour. There are exemptions to the laws of minimum wage, including seasonal workers, babysitters, tipped employees, and more. If you are not being paid minimum wage and believe you should be, contact our firm to discuss this matter.
Overtime pay is also mandated for covered, non-exempt workers. This means that every hour over the established 40-hour workweek should be compensated with payment of that hour plus half. For example, if you are paid $10 an hour, you should get paid $15 for every hour over the 40 you work per week. If you believe that your employer is not following the laws that govern overtime pay, contact our firm to discuss this matter.
A person is also entitled to a consistent rate of pay. This means that whether you are signed up for weekly pay or bi-weekly pay, you should be paid regularly by your employer. There are some exceptions, including executives and those in supervisory positions.
Wage and hour laws are in place to protect your rights and ensure that you are paid fairly and regularly. If you believe that your rights are being violated, our firm is here to help.
The New Jersey Family Leave Act (NJFLA) is a state law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave within a 24-month period to care for a family member with a serious health condition, bond with a new child (by birth, adoption, or foster placement), or handle certain public health emergency situations; importantly, unlike federal law, it generally does not cover an employee’s own illness. An employee who qualifies is entitled to be restored to the same or an equivalent position at the end of the leave, and employers are prohibited from retaliating against employees who take such leave.
Prior to 2026, the law applied only to employers with 30 or more employees, and workers had to be employed for at least 12 months and work 1,000 hours to qualify.
Effective July 17, 2026, significant amendments expand the law’s reach by lowering the employer coverage threshold to 15 or more employees (including out-of-state employers with NJ workers), reducing employee eligibility to just 3 months of employment and 250 hours worked, and extending job protection to employees receiving Temporary Disability Insurance (TDI) or Family Leave Insurance (FLI) benefits, which previously provided only wage replacement without guaranteed reinstatement.
These changes substantially broaden who is covered and when the law applies, meaning many smaller employers and part-time or newer employees will now be entitled to job-protected family leave in New Jersey.
The federal Family and Medical Leave Act (FMLA) is a U.S. law that entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specific family and medical reasons, including the birth or adoption of a child, caring for a spouse, child, or parent with a serious health condition, the employee’s own serious health condition, or certain military-related needs; it also provides up to 26 weeks of leave to care for a covered service member.
The law generally applies to public agencies and private employers with 50 or more employees, and employees qualify if they have worked for the employer for at least 12 months and 1,250 hours in the preceding year.
During FMLA leave, employers must maintain group health insurance coverage under the same terms and must restore the employee to the same or an equivalent position upon return, and they are prohibited from interfering with, restraining, or retaliating against employees who exercise their rights under the Act.
If an employer violates the FMLA, an employee may recover damages including lost wages, salary, benefits, or other compensation, or actual monetary losses suffered as a result of the violation; in addition, the law typically allows for liquidated damages equal to the amount of those losses (effectively doubling the recovery) unless the employer can show it acted in good faith.
Employees may also be entitled to equitable relief such as reinstatement or promotion, as well as attorneys’ fees and court costs, making the FMLA a powerful mechanism for protecting employees’ rights to family and medical leave.
Employees’ First Amendment rights differ significantly depending on whether they work in the public or private sector, and while New Jersey and Pennsylvania follow the same federal constitutional framework, state laws can expand protections—especially in New Jersey.
For public employees in both states, the First Amendment protects speech, but only under specific conditions: the employee must be speaking as a private citizen (not pursuant to official job duties) and on a matter of public concern (such as government misconduct, public safety, or corruption). If those thresholds are met, courts then balance the employee’s free speech rights against the government employer’s interest in maintaining workplace efficiency and discipline; even protected speech can lose protection if it is overly disruptive. Retaliation—such as termination or discipline—for protected speech can give rise to a constitutional claim under 42 U.S.C. § 1983.
For private employees, the First Amendment generally does not apply because it restricts only government action, not private employers. However, state law fills the gap, and this is where New Jersey and Pennsylvania diverge.
In New Jersey, employees have broader protections under the Conscientious Employee Protection Act (CEPA), one of the strongest whistleblower statutes in the country, which protects employees who disclose or object to unlawful or unethical conduct, as well as under the New Jersey Law Against Discrimination and certain off-duty conduct protections; while not framed as “First Amendment” rights, these laws effectively protect speech in the workplace.
In Pennsylvania, by contrast, protections for private employees are much narrower: absent a contract or specific statute (such as a limited whistleblower law applying mainly to public employers), most private employees are at-will and can be disciplined or terminated for speech, even political speech, unless it violates a clear public policy exception or another statute.
You may benefit from legal representation at a disciplinary hearing, depending on the occupation. At a public entity, where you are entitled to a hearing, representation is something to explore. You are entitled to have counsel on your side. You can benefit from having an employment attorney advocating on your behalf, ensuring that your employer is not violating your rights. In the private setting, however, if you’re lucky enough to get a hearing from your employer, you will probably not be able to bring an attorney to counsel you. If this is the case, it is still important to consult with an attorney who can provide quality legal advice to help you prepare.
Employees have rights that should be protected. The Vigilante Law Firm has over 30 years of experience providing legal advice and effective representation for clients facing a wide variety of employment matters, including wage and hour law disputes, discrimination, sexual harassment, disciplinary hearings, whistleblower protection, and wrongful termination. If you need the help of experienced Gloucester County, New Jersey employment lawyers, contact The Vigilante Law Firm for a consultation.
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