The Age Discrimination in Employment Act of 1967 protects employees and job applicants who are 40 years of age or older from discrimination based on their age with respect to hirings, terminations, promotions, reductions-in-force, compensation, benefits, assignments, and trainings or any other terms or conditions of employment.   The employer must have 20 or more...

Our clients often ask what areas are covered by New Jersey's Law Against Discrimination.  It is illegal in New Jersey to treat employees and people differently based on the following protected characteristics: race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy), familial status, marital status, domestic partnership status, affectional or sexual orientation,...

The Temporary Extension Act of 2010 amended the American Recovery and Reinvestment Act of 2009 on March 2, 2010.  The Temporary Extension Act of 2010 provides for reductions in premiums for COBRA health benefits and extends the premium reductions through March 31, 2010.  In order to qualify, individuals must experience a COBRA qualifying event...

We represent several men claiming that they have been sexually harassed in the workplace by a female supervisor or by men who are harassing them based upon their sexual (or perceived sexual) orientation.  Men filing sexual harassment lawsuits is a growing trend in employment law.  In 2009, men filed 12,700 sexual harassment cases.  The...

Many individuals are improperly classified as an employee or independent contractor.  If you are paid on a Form 1099 as an independent contractor, you might still be an employee – even if you’ve worked that way for years.  That’s because the law looks beyond labels and examines the reality of the work relationship.  In...

If you are offered a severance agreement, you may be entitled to the payment of unused accrued vacation days in addition to the amount you are being offered in severance pay.  New Jersey does not have a law requiring the payment of unused vacation time.  However, a terminated employee may still be entitled to...

Sexual harassment commonly occurs in private and there are no direct witnesses of the sexual harassment. When the sexual harassment takes place in public, co-workers may view the harassing conduct to be consensual or welcomed. Our clients who are victims of sexual harassment often believe that they cannot prove that the sexual harassment...

What's in your personnel file dictates your raise, whether you keep your job, and maybe even whether your employer will give you a job reference in the future. You must be entitled to see it, right? Believe it or not, you have no right to see or to obtain a copy of the personnel...

An employee who is terminated and provided with severance pay from a company may also be entitled to unemployment compensation.  The qualification is that the severance pay cannot extend the employee’s employment.  For instance, an employee whose severance agreement provides that they will be kept on payroll for an additional time period is not...

Many people are verbally abused or humiliated and suffer harassment in the workplace, but only certain abuse is illegal.  Abuse is illegal in New Jersey only where it is based on an employee's sex, race, religion, sexual orientation, disability, age, national origin, marital status, gender identity, or ancestry.  Harassment that is not based on...