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…
Background: The Law Against Discrimination New Jersey’s Law Against Discrimination (often referred to as the “LAD” or the “NJLAD”) prohibits discrimination and harassment against employees because of a wide variety of immutable characteristics. Among these are protections against discrimination and harassment because of an employee’s age and disability. The Law…
Tenure is one of the most important protections for teachers in New Jersey employment law. Both full-time and part-time teachers may receive tenure protection. However, no New Jersey court has addressed the situation where a part-time tenured teacher’s earnings were reduced when her hours were cut, even though her hourly…
Gender discrimination is one of the most heavily litigated areas of New Jersey Employment Law. The United States Third Circuit Court of Appeals recently issued an opinion involving the issue of “sex plus” gender discrimination which will apply equally to New Jersey’s state and federal courts. What is “Sex…
While the sale and possession of marijuana are flatly illegal under federal law, and the illegal status of recreational marijuana under New Jersey law has not changed yet, the medical use of marijuana is legal under New Jersey’s Compassionate Use Act for ALS, anxiety, certain chronic pain conditions, migraine headaches,…
New Jersey’s Law Against Discrimination makes it illegal for employers to discriminate against employees because they have a “disability.” Law Against Discrimination also requires employers to make “reasonable accommodations” so that employees can do their jobs despite their disabilities. New Jersey’s Workers Compensation Act requires employers to carry workers compensation…
New Jersey employment law generally recognizes that employees have a limited right to privacy in the workplace, including in their digital life. However, a recent federal appellate decision limited the reach of employee privacy. It is an unpublished decision, and therefore not binding. However, it is a troubling outcome. …
New Jersey employment law has some of the strongest employee protections in the United States. A recent unpublished decision by the Appellate Division of New Jersey’s Superior Court may have expanded those already strong protections. New Jersey Whistleblower Laws New Jersey has two main employment laws protecting whistleblowers. The…