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 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
Read MoreNJ Appeals Court Upholds Non-Disparagement Clauses in Employment Contracts
A recent decision by a New Jersey appeals court upholds the enforceability of contract provisions that forbid employers or employees from disparaging or impugning each other’s reputation. The ruling is notable because the court distinguished non-disparagement clauses from nondisclosure agreements (NDAs), which in many cases are unenforceable against employees or former employees under NJ law. Read More
Read MoreProving a Hostile Workplace Discrimination Claim
The workplace is supposed to be a professional and safe environment where people can do their jobs without interference. Unfortunately, some people bring discriminatory attitudes and behaviors to work, to the annoyance of subordinates or co-workers. In New Jersey, if the conduct is sufficiently severe or pervasive, it can create a hostile work environment, which Read More
Read MoreNew Jersey Legislators Considering Significant Changes to the Law on Non-compete Agreements
Non-compete agreements are promises by employees not to compete with their employer during their tenure at the company and for some time thereafter. These contracts are subject to certain legal restrictions, so that former employees aren’t unfairly prevented from taking a new position. Overbroad restrictions also impede economic development by encouraging skilled labor to seek Read More
Read MoreLegislation Authorizes Paid Sick Leave for Workers Suffering from Coronavirus
New legislation passed in response to the COVID-19 pandemic allows certain workers to receive paid sick leave even if their employer previously did not provide it. In March, the federal government enacted the Families First Coronavirus Response Act (FFCRA). This law assists employers that give their employees paid time off while suffering the effects of Read More
Read MoreEligibility for Unemployment Benefits When Job Loss Is Due to Coronavirus
The Coronavirus Aid, Relief, and Economic Security (CARES) Act, passed by the federal government and signed into law on March 30, authorizes expanded unemployment benefits for Americans. Due to the major economic crisis triggered by the COVID-19 pandemic, there are several distinctions from the traditional programs that states use to support employees who have been Read More
Read MoreSAFE 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
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About 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…
About Bruce L. Atkins is regarded as one of New Jersey’s premier practitioners of employment and civil litigation. He has been selected to the New Jersey Super Lawyers prestigious list every year since 2005. This honor, bestowed upon a recipient by the votes of his peers, is a powerful nod to the skill Mr. Atkins…
About Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015. He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters. He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict…
About Diane Englander Peyser joined Deutsch Atkins & Kleinfeldt, P.C. in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins & Kleinfeldt, P.C., Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination,…
About Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA),…
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5.0/5.0I am extremely satisfied with my experience with Duetsch Atkins & Kleinfeldt law firm. Diane Peyser was always attentive with any questions or concerns I had during my case. I always felt like I was her number one priority when I needed her during t...
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5.0/5.0
I am grateful to Bruce and his firm for his professionalism and guidance. His experience and calm demeanor really helped me through a tough case. He settled it very quickly which allowed me to put it behind me and move on. I highly recommend Bruce.
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5.0/5.0
Having been a litigation attorney myself, I've seen it all from the "inside". I know that far too many lawyers care only about profit and have very little interest in the actual law or their clients. So I was very careful in selecting an attorney t...
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5.0/5.0
Mr. Kleinfeldt and the law firm were simply excellent in their service. They were easy to reach, attentive, professional, prompt, and hospitable. I felt they were truly in my corner. My matter was resolved expeditiously and to my satisfaction. It...
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5.0/5.0
Thrilled with our experience with the firm. It was a challenging case for sure, and Adam worked tirelessly to ensure we came out on top. His knowledge of the law and the "system" is first rate. I was prepared to walk away on a few occasions when t...
