By Neil H. Deutsch | Published November 28, 2013 | Posted in Employment Law | Tagged Tags: exempt employees, New Jersey employment law attorneys, overtime pay | Comments Off on When You Are Misclassified as Exempt, You Lose Overtime Pay
In New Jersey, some employees are entitled to overtime pay and others are exempt. Those exempt from overtime include executive, administrative, computer technology and professional employees and outside sales representatives. Nonexempt employees who must be paid time-and-a-half overtime include hourly workers, typically in manufacturing and service positions. There are some exceptions to these rules, particularly Read More
Read MoreSeverance packages for terminated employees recently have become a topic of debate in the New Jersey Legislature. Two bills are pending that would penalize higher-paid workers who receive severance packages by denying them state unemployment benefits. Neither bill has passed either chamber of the legislature. Regardless of what happens in Trenton, employees (and ex-employees) should Read More
Read MoreThe Family and Medical Leave Act (FMLA) provides protections for workers who need to take unpaid leave to care for ill or injured family members. The FMLA also guarantees unpaid leave for new parents, including adoptive parents. The U.S. Department of Labor, Wage and Hour Division has ruled that, as of August 2013, people in Read More
Read MoreNew Jersey began to recognize same-sex marriages in October 2013 based on a unanimous decision by the New Jersey Supreme Court. Marriage can have major financial implications — largely for the better — for the couple and their dependents. Just a look at how it affects employee benefits helps illustrate this point. Employers who provide Read More
Read MoreThat is what former Linden Municipal Court judge Louis DiLeo alleges. Filing a wrongful termination lawsuit in the Union County Superior Court on July 10, 2013, DiLeo claimed several charges against the City of Linden and its mayor, Richard Gerbounka, including: Discrimination Retaliation Civil rights violations Wrongful termination As reported by the Star Ledger, according Read More
Read MoreWhen a plaintiff files a lawsuit, the plaintiff often focuses on the facts of the case and the law that pertains to those facts. The plaintiff should prevail when the law supports the plaintiff’s allegations, and the plaintiff should lose when the law supports the defendant’s allegations. But there is another way that a plaintiff Read More
Read MoreCelebrity chef Paul Deen has certainly been in the news this summer. As a defendant in a $1.2 million lawsuit filed by a former employee of Deen’s restaurants, Deen was deposed on May 17. During that deposition, Deen admitted that she had used a racial slur in the past. That revelation cost Deen her job Read More
Read MorePregnant workers face unique challenges in the workplace. Often pregnant workers are subjected to harassment, discrimination and wrongful termination. There are several laws on the books right now that can be used to protect the rights of pregnant workers, such as: The Americans with Disabilities Act (ADA), which requires employers to make reasonable accommodations for Read More
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