It is illegal in New Jersey for your employer to require that you work off-the-clock. Many employers require their hourly workers to work more than 40 hours per week and then, instead of paying them overtime at 1.5 times their hourly rate, pay them in “comp time” or “time owed.” This comp time just...

On March 21, 2012, the United States Supreme Court ruled that States and State Agencies are exempt from suit in Federal Court for any claims brought pursuant to the self-care provision of the Family Medical Leave Act. Without going into an overly legal article about the United States Constitution and the 14th Amendment, we...

What can a NJ employer ask you in a job interview? Typically the questions must be relate to your skills to perform the job and your background. A NJ employer can ask you questions regarding whether you would require a reasonable accommodation in order to complete the essential job functions. However, you employer cannot...

Are you looking for a NJ Employment Lawyer and want to determine who are the best employment lawyers for you? Here's how to make sure you hire the best employment lawyers to handle your case. You have most likely come across hundreds of lawyers in NJ who claim to practice employment law.  If is crucial...

A jury in California awarded a victim of sexual harassment $168 Million representing the largest sexual harassment verdict in the history of the United States.  The jury found that the Plaintiff, a physician's assistant, was subjected to a hostile work environment due to the sexual harassment and retaliation during her two years of employment. ...

A proposed rule relating to Home Health Care Workers would amend the Fair Labor Standards Act ("FLSA") to require that Home Health Care Workers be provided overtime compensation. The FLSA currently has a companionship exemption that prevents Home Health Care Workers from receiving overtime pay. The proposed rule would limit the companionship exemption only...

Can an employer in NJ ask you to take a drug test?  Yes, if you are applying for the job. However, if you are already an employee of the company and it does not have a random drug testing policy, the employer must have some legitimate reason or suspicion to require that you take...

As an employee in the State of New Jersey, you have NJ Employee Rights which create remedies for numerous issues that arise in the workplace. If you are a member of a Union, then your Employee Rights will be setup in your collective bargaining agreement and will provide you with a grievance procedure to address...

We are frequently asked by clients how they can get out of their non-compete agreements. Our first response is that it would have been much easier if they called us before signing the non-compete, but what is done is done. The options now are the following: (1) negotiate with your employer to reduce or...

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...