New Jersey’s Law Against Discrimination has rightly been called one of the strongest employee protection laws in the nation. This is true both because of the broad range of inherent characteristics which it protects from discrimination, and the strong legal protections and remedies it provides. In short, the Law Against…
The Federal Fair Labor Standards Act requires that employers, including New Jersey employers, pay their non-exempt employees minimum wage and overtime (the vast majority of employees are not subject to an exemptions; the major exemptions are for executive, administrative and professional employees, and outside sales). Independent contractors, however, are…
Willful Violations Under The Fair Labor Standards Act The Federal Fair Labor Standards Act establishes rates of minimum wage and overtime pay which employers must pay to their employees. Employees successfully suing their employers for violations of these requirements can recover their lost wages, and their employers will be required…
New Jersey passed the Wage Theft Act on August 6, 2019. It is being viewed as one of the strongest and broadest wage theft laws in the nation, and rightly so. The New Jersey Wage Theft Act increases penalties that employers may be subject to under New Jersey’s Wage and…
In New Jersey, you cannot sell alcohol unless you have a license issued by the New Jersey Division of Alcoholic Beverage Control. New Jersey issues many types of licenses which broadly fall within three general categories: Manufacturing Licenses, Retail Licenses, and Wholesale Licenses. Each license is attached to the “Licensed…
The law firm of McLaughlin & Nardi, LLC, has been awarded the Equal Justice Medal by Legal Services of New Jersey for the Firm’s pro bono contributions to low income New Jersey residents. While all of our attorneys do community service and pro bono legal services, Pauline Young by far…
The Appellate Division of New Jersey’s Superior Court recently issued an important construction law decision examining the effect of New Jersey’s Consumer Fraud Act in cases also involving the breach of a construction contract or negligent construction. By way of background, coverage under New Jersey’s Consumer Fraud Act was…
New Jersey employment law recognizes the concept of “constructive discharge.” Constructive discharge occurs when an employee’s working conditions are made so intolerable that the employee has no choice but to quit. When the actions causing the hostile work environment are undertaken because of discriminatory harassment, this can constitute wrongful termination…
The United States Court of Appeals for the Third Circuit recently issued an opinion interpreting the New Jersey Civil Service Act regarding the reemployment rights of laid off civil service employees. It probably reached the right decision, but its reasoning was far too broad and may have a negative impact…
The United States Third Circuit Court of Appeals (which hears appeals from the federal district courts in New Jersey, Delaware, Pennsylvania and the United States Virgin Islands) recently had the opportunity to address the state of New Jersey employment law on restrictive covenants in the case of ADP, LLC…