In lawsuits where employees claim their employer wrongfully withheld overtime or minimum wage, if the employer claims that the employees were “exempt” it bears the burden of proving that they actually met the requirements of the exemption under the Federal Fair Labor Standards Act. There was a split among the…
New Jersey employment law offers strong protections to employees. Among these are the New Jersey Wage Payment Law and the New Jersey Wage and Hour Law, both of which were amended in 2019 to increase the statute of limitations from two years to six, and increase penalties for violations. In…
New Jersey employment law provides significant protections for employees who are pregnant, breastfeeding, or have recently given birth. The New Jersey Law Against Discrimination provides protection against discrimination against pregnant and breastfeeding employees. It also requires that employers make reasonable accommodations available so that pregnant or breastfeeding employees and new…
New Jersey employment law governs the hiring of municipal police officers and firefighters, particularly Titles 11A and 40A of New Jersey Statutes. These local first responders play critical roles in our society. New Jersey employment law therefore closely regulates the hiring process to ensure that New Jersians are served by…
New Jersey’s Requirement for Employers to Provide Reasonable Accommodations for Disabled Employees New Jersey’s Law Against Discrimination and Title VII of the Civil Rights Act of 1964 prohibit discrimination because of an employee’s disability. New Jersey civil service law also prohibits discrimination because of an employee’s disability. These laws require…
Progressive Discipline Progressive discipline is a principle followed in New Jersey employment law, in both civil service and non-civil service jurisdictions, including public schools. In progressive discipline, a public employee’s prior disciplinary history will be considered in determining the appropriate penalty for disciplinary violations. Thus, a government employee with a…
New Jersey public employees have multiple venues to litigate employment claims against their government employers. Forums Available to New Jersey Public Employees New Jersey government employees can sue in New Jersey state court, beginning with the Superior Court of New Jersey which sits in each county, for violation of…
New Jersey teachers are required to possess certificates issued by the State Department of Education in order to be employed in a teaching capacity. These certificates are not easy to get, and have educational and testing requirements. They are required to ensure that those teaching New Jersey students have the…
Should I file a civil service appeal? Well, read what a New Jersey appellate court’s recent decision said, and you will probably decide the answer is yes. Background Mina Ekladious had nine years of experience as a firefighter and earned a certification as a Firefighter I before he was conditionally…
New Jersey wages are governed by a set of laws: the New Jersey Wage and Hour Law, the Wage Collection Law, the Wage Theft Act, and the Wage Payment Law. These New Jersey employment laws govern the amount and timing of wages owed to New Jersey employees. A New Jersey…