By Bruce Atkins | Published January 15, 2023 | Posted in Employment Law | Tagged Tags: department of labor, FMLA case | Comments Off on What Remedies Do You Have if Your FMLA Rights Are Violated?
What Remedies Do You Have if Your FMLA Rights Are Violated?
The federal Family Medical Leave Act (FMLA) gives many employees the right to take up to 12 weeks of unpaid leave per year to take care of their own serious medical conditions or those of family members. However, employers sometimes fail to comply with the FMLA by disallowing leave, by cutting the pay of employees Read More
Read MoreWhat Is the ABC Test for Classifying a Worker as an Independent Contractor?
The difference between an independent contract and an employee is a major point of friction in employment law. Companies often misclassify workers as independent contractors, either intentionally or by mistake. When done intentionally, it’s usually an effort to save money by not having to pay for a worker’s health insurance and other benefits and not Read More
Read MorePending New Jersey Bill Aims to End Discrimination Against Temporary Workers
New Jersey’s warehouse and e-commerce sectors are booming but the growth depends in large part on the state’s 125,000-plus temp workers, who are disproportionately Black and Latino, and who are routinely paid less than permanent workers. State lawmakers are working on a bill called The Temporary Workers’ Bill of Rights to extend equal rights to Read More
Read MoreNJ Employers May Not Discriminate Against Recreational Marijuana Users
The New Jersey statute legalizing marijuana use also prohibits employers from discriminating against employees found to have cannabis in their systems.
Read MoreEmployee’s Retaliation Claim Can Survive Reversal of Discrimination Award
When a retaliation claim is linked to the discrimination case, the proof the plaintiff needs to establish in the two cases is often intertwined. But in New Jersey, the claims are nonetheless distinct and are not codependent.
Read MoreMandatory Arbitration Clauses Are No Longer Enforceable in Sexual Harassment Claims
Although mandatory arbitration clauses are generally upheld by the courts, a federal law provides that these clauses do not apply to sexual harassment or sexual assault claims.
Read MoreNew Jersey Extends Age Discrimination Protection to Employees Over 70
New Jersey has expanded its law prohibiting discrimination against older workers, removing the upper age limit for an employee to be covered.
Read MoreWays to Protect Yourself if You Believe You’re Being Sexually Harassed
New Jersey’s Law Against Discrimination (NJLAD) prohibits sexual harassment in the workplace. You are protected whether you are a full- or part-time employee, an intern or a volunteer. Yet, workers across the state are still subjected to harassment, whether through direct action or through tolerance of a hostile workplace. If you believe you are a Read More
Read MoreProposed NJ Law Would Ban Employment Discrimination Based on Height and Weight
A New Jersey state senator in June introduced a bill that would make it illegal for employers to discriminate against someone because of their body size or shape. The measure, Senate Bill 2741, would expand the New Jersey Law Against Discrimination (NJLAD) to include height and weight as protected characteristics. If the bill becomes law, Read More
Read MoreU.S. High Court Rules Arbitration Clause Waived by Employer’s Delay in Opting to Enforce It
Arbitration provisions in employment agreements require employees to have their disputes decided by private judges, usually of the employer’s own choosing, rather than go to court. Employers generally benefit from these clauses. But the U.S. Supreme Court has now ruled that an employer might waive its right to compel arbitration by not making a timely Read More
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Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for his…
Bruce L. Atkins is the Senior Managing Partner at Deutsch Atkins P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its potential outcomes.…
Michael K. Fortunato is a Partner at Deutsch Atkins, P.C. His practice focuses on employment litigation and counseling for employees and executives, including matters involving discrimination, retaliation, harassment, wrongful termination, whistleblower claims, severance negotiations, employment agreements, and restrictive covenants. Michael represents clients in litigation and administrative proceedings involving state and federal employment laws including the…
Carly Skarbnik Meredith, Esq. is a Partner at the firm. Carly has focused her career exclusively in the field of employment law. She has a plethora of experience representing both employees and employers with their employment issues, needs, and concerns. She believes representing both employees and employers has made her an extremely well-rounded client advocate.…
R.J. Prifitera joined Deutsch Atkins, P.C. in October of 2023. R.J. represents employees in wrongful termination, harassment, discrimination, and whistleblowing matters. Prior to joining the firm, R.J. received a B.A. from the University of Delaware in 2018. Thereafter, he attended and graduated Seton Hall University School of Law in 2022 where he received the Monsignor…
