Category Archives: Employment Law
SAFE Act: Employee Rights for Domestic Violence Victims
The legal and personal issues that go along with being a victim of domestic violence can be overwhelming. As a result, many victims find that their work lives suffer while they are recovering from the trauma of domestic violence. To address this issue, New Jersey lawmakers passed the Security and Financial Empowerment (SAFE) Act to… Read More »
Overtime Laws and Nontraditional Work Schedules
The rules regarding overtime pay are fairly straightforward for the vast majority of employees in New Jersey. The general rule is that workers must receive 150 percent of their normal wage for every hour worked in excess of 40 per week. But there are several occupations to which exceptions apply, and vocations that demand nontraditional… Read More »
Working as a Minor Child in New Jersey
The days of widespread child labor in the United States are long past, but some protections remain necessary for those younger than 18 who work in New Jersey. Understanding these requirements is important for teenagers, parents and employers alike. Once a child has received an offer of employment, he or she should obtain a Form… Read More »
New Jersey Passes Significant Minimum Wage Increase
Recent protests by fast-food workers throughout the nation have led to a renewed discussion of the minimum wage and what constitutes an honest day’s pay for an honest day’s work. While the federal minimum wage remains $7.25 per hour, individual states are free to impose higher minimum wage requirements. New Jersey is among the states… Read More »
Employment Rights for Those Who Received Deferred Action
Since Congress has been unwilling to take up comprehensive immigration reform, the Obama administration instituted a deferred action program that grants temporary legal status to foreign-born individuals who entered the U.S. illegally as children and have remained here as contributing members of society. The deferred action order also allows those who qualify to obtain employment… Read More »
Free Exercise and Employee Health Care Under the ACA
While the Affordable Care Act (ACA) has been in the news for a number of reasons lately, one story that largely fell by the wayside involved a Pennsylvania cabinet company that took issue with the ACA’s requirement that health plans provide coverage for certain types of oral contraceptives. A federal appellate decision in the case… Read More »
Noncompete Agreements Can Be Challenged in New Jersey
It’s understandable that companies want to keep trade secrets out of the hands of their competitors, which is why many employers require employees to sign noncompete contracts. Employers fear that when an engineer, salesperson, executive or marketer leaves the company to work for a competitor, the new employer will benefit from the new employee’s knowledge… Read More »
Did Your Employer Misrepresent Your Job or Compensation?
Stagnant wages and shifting business models are leading many employees to look for opportunities to improve their working conditions and increase their compensation. They sometimes find, however, that their new employer misrepresented what the job entails or what the compensation package includes. A movement toward truth in hiring is afoot, based in part on lawsuits… Read More »
Job Terminations in New Jersey Are Sometimes Unlawful
Employment in New Jersey is “at will,” which means that employees work at the will of the employer, and the employer can fire an employee at any time for any reason — or for no reason. This is a pro-business policy that has been in place since the 19th century in most states. There are… Read More »
When Do Salaried Workers Deserve Overtime Pay in New Jersey?
The National Fair Labor Standards Act of 1938 established the federal rules on overtime pay along with the 40-hour workweek. Under the rules, employees in certain types of positions are entitled to overtime pay of 1.5 times their regular pay rate. The rules generally apply to hourly rather than salaried employees. The rules get a… Read More »