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Category Archive
Employment Law
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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

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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

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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

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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

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Negotiate a Better Severance Package with Proactive Thinking

Severance 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

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LGBT Workers Are Entitled to New Jersey Family Leave Benefits

The 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

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Same-Sex Marriage Must Be Recognized by New Jersey Employers

New 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

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You Can Lose Your Case if You Don’t Follow the Rules

When 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

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Rutgers Basketball Is a Lesson Learned About Harassment and Intimidation

Learning at Rutgers University isn’t limited to the classroom. There are lessons to be learned even on the university’s basketball court. That’s where players suffered verbal and physical assaults by then head coach Mike Rice Jr. beginning in 2010. Rice’s coaching style included cursing at players, shoving them, and throwing basketballs at their heads. When Read More

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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

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Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch
Senior Partner

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…

Bruce  L.  Atkins Attorney Photo
Bruce L. Atkins
Senior Partner

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…

Adam  J.  Kleinfeldt Attorney Photo
Adam J. Kleinfeldt
Partner

About Adam J. Kleinfeldt joined Deutsch Atkins, 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 in a…

Diane  Englander  Peyser Attorney Photo
Diane Englander Peyser
Attorney

About Diane Englander Peyser joined Deutsch Atkins, PC in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins, PC, Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination, disability discrimination, FMLA, New…

Debra M. McGarvey Attorney Photo
Debra M. McGarvey
Attorney

About Debra M. McGarvey joined Deutsch Atkins, 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), the Americans…

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