By Bruce Atkins | Published December 19, 2013 | Posted in Employment Law | Tagged Tags: noncompete agreements | Comments Off on Noncompete Agreements Can Be Challenged in New Jersey
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
Read MoreDid 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
Read MoreJob 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
Read MoreWhen 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
Read MoreWhen 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
Read MoreNegotiate 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
Read MoreLGBT 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
Read MoreSame-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
Read MoreYou 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
Read MoreRutgers 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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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 & Kleinfeldt 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…
Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015. He primarily represents individuals in employment litigation 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 his clients, including a $525,000 jury verdict in a sexual…
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), 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.…
