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Why Teens Under 18 Can’t Be Stronger Than the Storm

It’s a catchy tune. Referring to last year’s superstorm Sandy, Governor Chris Christie wants everyone to know that New Jersey is stronger than the storm. But what you might not know is that New Jersey labor law effectively prohibits young volunteers from helping rebuild our shore communities devastated by the storm. As recently reported in… Read More »

Discrimination Whistleblowers Deserve Retaliation Protection Even When No Victim Is Identified

Discrimination law in New Jersey was made clearer on July 17, 2013 with a New Jersey Supreme Court decision against the United Parcel Service (UPS). In October 2005, a UPS manager, Michael Battaglia, reported to his superiors about allegedly sexually suggestive remarks made by another employee, Wayne DeCraine, about a female employee, despite the fact… Read More »

What Is an “Employee” in Employee Discrimination Cases?

Whether a person is an “employee” is a frequent threshold issue in both state and federal employment discrimination and harassment cases. As the use of independent contractors becomes more prevalent in our economy, this question has become more common — and more difficult to answer. While the law is clear that employment discrimination laws do… Read More »

New Jersey’s Conscientious Employee Protection Act

It is an unfortunate truth that objectionable practices are rampant in the workplace. Many employees, while bothered by it, are afraid to take action because they know it could mean their jobs. Fortunately, the state of New Jersey has taken special steps to protect the brave employees who stand up to unacceptable practices in the… Read More »

Potential Relief in Employment Discrimination Cases

Being the victim of workplace discrimination can be a jarring experience. Not only can it result in thousands of dollars in lost wages, but also the stress and humiliation associated with it can negatively impact your quality of life. The psychological stresses of working in a hostile work environment can rise to the level of… Read More »

New Jersey Supreme Court Allows LAD Suit with No Victim

The goal of state and federal anti-discrimination and harassment laws has always been to discourage these practices by making harassers and their employers liable to the victims for the harm they cause. A recent N.J. Supreme Court decision, however, has allowed a claim under the state’s Law Against Discrimination (LAD) in which there was no… Read More »

Holding Your Employer Accountable for Discrimination by Co-workers

Employers are clearly liable for instances of employment discrimination and harassment they themselves perpetrate. Likewise, they are usually liable for instances of discrimination and harassment by managers and supervisors they employ. What you may not realize, however, is that under some circumstances your employer can be liable for harassment perpetrated upon you by your co-workers…. Read More »

Discrimination Lawsuits and the EEOC Administrative Process

If you wish to file an employment complaint under the federal Americans with Disabilities Act, Age Discrimination in Employment Act, Genetic Information Nondiscrimination Act or Civil Rights Act, you must first contend with the administrative process of the Equal Employment Opportunity Commission (EEOC). Federal law requires that all complaints under these statutes originate through the… Read More »

Why Taking a Salaried Position May Not Be a Step Up

Many people view transfer from an hourly position to a salaried position as a major step forward in their careers, and for many it is. Others, however, are unpleasantly surprised to see their pay dramatically reduced despite the fact they are working the same if not more hours than previously. The answer lies in the… Read More »

What Does Employment-at-Will Actually Mean?

Most states follow the common law doctrine of employment-at-will. This rule essentially states that, absent a contract to the contrary, an employee serves at the pleasure of his or her employer and can be terminated for any or no reason. Fortunately, while still in effect in most U.S. states, the doctrine of employment-at-will has been… Read More »