Illegal discrimination based on traditionally ethnic hairstyles has been the subject of some heated debate in recent years. There are some hairstyles, such as dreadlocks and cornrows, that, while not exclusively worn by people of color, are still traditionally worn predominantly by members of the black community. Furthermore, these hairstyles are commonly...
Category: Employment Law

Protections Under the FMLA and NJFLA
Federal and state law grant employees certain protected rights. One of the major federal laws doing such is the Family and Medical Leave Act (FMLA). New Jersey also has a state-level counterpart to the FMLA known as the New Jersey Family Leave Act (NJFLA). Employees should be aware of the protections...

The Elements of a Hostile Work Environment Claim
When people hear “hostile work environment,” they may legitimately or jokingly refer to their own, unpleasant work environment and say they may have a claim! A hostile work environment, however, is much more than having a work environment that makes you unhappy. When a person suffers harassment in the workplace that...

What is Considered an Adverse Employment Action for Federal Employment Discrimination Action Purposes?
In order to pursue a successful employment discrimination action in New Jersey, you will need to establish several things. You will first need to establish yourself as a member of a group protected by an applicable law. You will next need to demonstrate that you were qualified for the position that you...

Resolving Employment Disputes Through Negotiation
Separation pay, or severance pay, can provide a critical bridge in financial resources for an employee who has been terminated and is looking for a new job or waiting to start a new job. In fact, severance packages are intended to soften the blow of job loss, whether it be due to...

In New Jersey, Can You Be Fired for No Reason?
New Jersey is an at-will employment state. This is to say that, in New Jersey, the default rule is that an employee is at-will unless stated otherwise. This is the default rule in most states. Employment at-will is, generally speaking, the principle that an employee can be fired from a job for...

What is a Hostile Work Environment?
Harassment has been defined as conduct in the workplace that rises to the level of creating a “hostile” environment. Another important aspect of this is that the conduct is based on the protected characteristic of the employer who is on the receiving end of the harassing behavior and who is, thus...

New Jersey Acting AG Announces Support of Stronger Federal Protections
Employment law evolves just like any other area of the law. It is important to stay as current as possible with employment law happenings for both employers and employees alike. Changes can have important and significant impacts on all. Recently, Acting New Jersey Attorney General Andrew J. Bruck announced that New...

Notice and Posting Requirements for Employers
Pursuant to New Jersey law, employers are required to prominently display certain official posters which inform employees of their rights as well as the responsibilities of their employers. Should an employer fail to comply with the mandating posting requirements, they could be subject to monetary fines, along with other penalties. Here, we...

What Should Be Included in a Severance Agreement?
A severance agreement is a contract that an employee may be asked to sign by the employer upon termination from a job. While severance pay is usually a more prominent feature of a severance agreement, there are many other important terms that can and should be included in these legally binding...