An employee who has worked for a company with 50 or more employees for at least a year is eligible for FMLA leave.  The employee is entitled to 12 weeks of leave for a qualifying event.  The leave can be extended is some cases based on a request for a reasonable accommodation pursuant to...

The United States Senate has introduced the Fair Playing Field Act of 2012. This legislation would prevent employers from being able to use the federal “safe harbor” provision which permits employers to classify employees as independent contractors for tax purposes regardless of the fact that the employer may be required to withhold appropriate taxes...

Have you been asked to sign a NJ Non-Compete Agreement? It is essential that you have a New Jersey Employment Lawyer review your non-compete agreement and advise you on the potential impact of the agreement. We have reviewed hundreds of NJ non-compete agreements and have successfully negotiated for our clients to reduce the terms...

The New Jersey Legislature has proposed a bill that would increase the minimum wage in New Jersey to $8.50 per hour.  The minimum wage increase would begin on July 1, 2012.  The bill has not been passed by the legislature, but it is predicted that it will pass both the Senate and Assembly. Governor...

NJ Employment laws, such as the Law Against Discrimination (used for sexual harassment and other discrimination claims) and the Conscientious Employee Protection Act (protecting whistleblowers) require a losing employer to pay the employee’s attorneys’ fees. Due to the risk of non-payment, attorneys for employees also are permitted to apply for a “contingency fee enhancement,” usually...

On January 9, 2012, the Governor signed the Trade Secrets Act making it the law of New Jersey.  The Trade Secrets Act protects business information that meets three criteria: it is not generally known, it provides economic value from its use, and the business makes a reasonable effort to keep it a secret.  The...

Everyone is entitled to a workplace free of sexually inappropriate behavior, and NJ Sexual Harassment Law protects against sexual harassment in the workplace. If you have been sexually harassed on the job, your employer is required to fix the situation and prohibited from retaliating against you for making a complaint. In many cases, you...

There are two types of NJ employment discrimination: (1) disparate treatment which is intentional discrimination and (2) disparate impact which is unintentional discrimination. The Third Circuit Court of Appeals, which covers New Jersey, recently ruled that a Fire District’s requirement of hiring only home-town residents unintentionally discriminated against African-American firefighter candidates.  See NAACP v. North...

It is a fine line: if you report illegal or fraudulent conduct but making that report is part of your job, are you protected by New Jersey’s whistleblower law?  A New Jersey appellate court answered, No.  See White v. Starbucks Corp. (N.J.Super. App.Div. December 9, 2011).  The appellate court applied existing case law to...

A NJ Employment Handbook or NJ Employee Handbook is essential for all employers in New Jersey.  Our NJ Employment Handbook Lawyers have drafted hundreds of employee handbooks for companies throughout New Jersey.  We have drafted employment handbooks for Fortune 500 companies, municipalities, and small companies with less than 10 employees.  Our NJ Employment Lawyers...