Are you in search of a New Jersey labor lawyer?

Attorneys in the state of New Jersey who practice labor law are oftentimes included in the same boat as New Jersey employment lawyers. NJ Labor Law and NJ employment law in the State of New Jersey are very different, despite commonly being associated with one another. A labor attorney, based on the strict definition, is an attorney who deals with unions and labor organizations in negotiating … [Read more...]

NJ Increases Minimum Wage for the New Year | NJ Employment Law

On January 1, about a quarter of a million New Jersey employees earning minimum wage will get a pay raise from $7.25 per hour to $8.25 since the NJ employment law has been updated.  The raise comes after voters approved a ballot initiative to amend the New Jersey Constitution to increase the minimum wage and then index it to inflation. Last January, Governor Chris Christie vetoed a bill that … [Read more...]

Does New Jersey Labor Law require employers to provide you with a break or lunch break?

No. There is no law under New Jersey labor law or employment law that would require an employer to provide you with a break during the workday. Unless you were under the age of 18, there is no required break at work. However, numerous employers will provide employees with the benefit of a 15 minute break in the morning, a lunch break between 30 minutes and 1 hour and an additional 15 minute break … [Read more...]

NJ Unemployment Appeal | The Timing of Your Appeal and Representation

You have received a notice from the New Jersey Department of Labor that your unemployment claim was either denied or that you are being forced to repay the unemployment that was previously provided to you.  The first thing that you should do is respond to the determination and inform the Department of Labor that you wish to appeal the decision.  It is crucial that you do this so that you do not … [Read more...]

Proposed NJ Employment Law Would Protect Unpaid Interns from Discrimination, Harassment, and Retaliation

New Jersey law protects employees from many forms of discrimination, harassment, and retaliation. But it does not protect unpaid interns because the law finds that they are not employees due to the lack of a paycheck for their work. A bill sponsored by Senator Nia Gill, S-3064, would change that.  If the bill becomes law, it would provide interns with protection under the Law Against … [Read more...]

Interns Can’t Sue for Sexual Harassment on the Job | NJ Sexual Harassment

A federal court in New York ruled last week that an intern at a TV broadcasting company could not sue for workplace sexual harassment under New York state and city laws because she was not paid and therefore not an employee. See Wang v. Phoenix Satellite Television. The intern alleged that the broadcaster’s Washington, DC bureau chief hugged her, tried to kiss her and “squeezed her buttocks with … [Read more...]

Jury Awards $280,000 for Black Manager’s Racial Slurs Toward Black Co-Worker| NJ Discrimination Laws

If a black manager uses the N-word in speaking with another black employee, does that create a hostile work environment?  Yes, according to a federal jury in New York. Jurors awarded Brandi Johnson $250,000 in compensatory damages and $30,000 in punitive damages after finding that her manager’s four-minute rant about proper work attire was hostile and discriminatory.  The manager, Rob Carmona, … [Read more...]

Is a New Jersey Release, Waiver or Arbitration Agreement Signed Knowingly and Voluntarily?

Our New Jersey Employment Lawyers recently prevailed on an appeal before the Superior Court of New Jersey, Appellate Division, in Carey v. NMC Global Corp. Plaintiff appealed the lower court's ruling dismissing his claim for disability discrimination based on the waiver and release that was signed at the same time he was informed of his termination.  The Appellate Division held that there were … [Read more...]

NJ Governor Signs NJ Employment Bill Banning Bosses from Getting Facebook Passwords

   Gov. Christie signed a bill today banning employers from forcing workers to disclose user names or passwords to their social media accounts.  The new law fines employers $1,000 for requesting access to a current or potential worker's accounts on websites like Facebook, Twitter, or LinkedIn.  Workers also have the right to sue for money lost if they are not hired or lose their jobs or promotions … [Read more...]

NJ “Borgata Babes” Can Be Fired for Gaining Weight, Says Judge | NJ Weight Discrimination Lawyers

Workplace discrimination due to weight is not illegal.  Last week, Superior Court Judge Nelson Johnson granted summary judgment for the Borgata Hotel Casino & Spa and dismissed a weight discrimination case brought by 22 cocktail waitresses known as the “Borgata Babes.” The waitresses argued that the casino viewed them as sex objects who were forced to submit to weigh-ins and suspensions … [Read more...]

Catholic School Teacher Awarded $171,000 for Pregnancy Discrimination Due to Church Doctrine

A federal jury in Ohio ruled in favor of a teacher who said that the Roman Catholic Archdiocese of Cincinnati discriminated against her after becoming pregnant through artificial insemination.  The jury awarded her $171,000.  The Archdiocese argued that it was legally allowed to fire her for violating church doctrine against artificial insemination.  The teacher taught computers for the school; … [Read more...]

Whistleblower Lawsuit Against Swiss Bank Goes Forward | NJ Whistleblower Laws

Swiss banking giant UBS lost its motion to dismiss a whistleblower lawsuit by a former mortgage securities strategist who said UBS fired him for refusing to publish misleading research.  A federal judge in Manhattan found that  the whistleblower could go forward with his case under the federal whistleblower law known as Dodd-Frank. UBS argued that a whistleblower is protected only if he reports … [Read more...]

NJ Whistleblower Lawyer |New Jersey Whistleblower Awarded $48.6 Million

Get Confidential Help From A NJ Whistleblower Lawyer Ranbaxy Laboratories Ltd. settled fraud allegations made in a whistleblower’s lawsuit that the company sold unsafe drugs while lying about it to U.S. regulators. Ranbaxy admitted in federal court in Baltimore yesterday that it sold batches of drugs that were improperly manufactured, stored and tested. The whistleblower’s lawsuit, filed under … [Read more...]

Waivers in NJ Severance Agreements | NJ Severance Lawyers

All NJ severance agreements contain waivers of any claims that an employee may bring against the company.  A waiver is the main purpose for the employer to provide the severance agreement so it can guarantee that an employee cannot later file an expensive lawsuit against the company. However, not all severance waivers are valid.  In order for the waiver to be valid it must be a knowing and … [Read more...]

Federal Agency Wins $240 Million Verdict for Disability Discrimination | NJ Disability Discrimination

The federal Equal Employment Opportunity Commission (EEOC) recently won a $240 million award for disability discrimination against 32 employees with cognitive handicaps. An Iowa jury found that Hill Country Farms violated the Americans with Disabilities Act (ADA) through verbal abuse and physical harassment, housing them in a dilapidated building, dismissing their injury complaints and forcing … [Read more...]

NJ Governor Vetoes Social Media Bill — For Now | NJ Employment Law

New Jersey Governor Chris Christie conditionally vetoed a bill that prohibits employers from employees and job applicants from providing social media website account information.  The governor said that privacy concerns must be balanced with "an employer's need to hire appropriate personnel, manage its operations, and safeguard its business assets and proprietary information."  Governor Christie … [Read more...]

Cable Company Accused by Federal Agency of Union-Busting | NJ Lawyers

The National Labor Relations Board (NLRB) plans to file a complaint charging Cablevision with making illegal threats and offering improper incentives to its workers in the Bronx to discourage them from forming a union.  As part of the complaint, the NLRB accused Cablevision’s chief executive of illegally telling workers that they would be excluded from training and job opportunities if they voted … [Read more...]

Racial Nursing Discrimination | New Jersey Discrimination Lawyers

A nurse in a Detroit hospital sued for racial discrimination claiming the hospital honored the request of a man asking that African-American nurses be banned from caring for his newborn child.  The man wore a swastika tattoo on his arm in plain view of the nurse.  The hospital, Hurley Medical Center, quickly settled that lawsuit by neonatal nurse Tonya Battle. Ms. Battle's lawsuit accused hospital … [Read more...]

NJ Unemployment Appeal | Filing An Appeal

Were you recently denied unemployment benefits?  Did you receive a notice that you are required to repay your unemployment benefits in New Jersey?  If so, you have the right to file an appeal of the decision made by the claims examiner.  You will have 7 days from the receipt of determination or 10 days from the date of the mailing to file your appeal. You should consider hiring an attorney to … [Read more...]

Unpaid NJ Overtime Lawsuits | Make Sure You Follow Employer’s Time Keeping Requirements

A recent decision made by the 10th Circuit Court of Appeals found that an employer did not violate the Fair Labor Standards Act due to the employee's failure to utilize the employer's time keeping requirements. The employee alleged that he performed work from home and was not compensated for the time.  However, the employer did have time keeping measures in place that the employee failed to use … [Read more...]

Supreme Court Shows Further Support for Arbitration | NJ Employment Law

Employers try to have employees and applicants sign agreement wherein they agree to waive their right to a jury trial or to file with a court of law.  This is done usually in the beginning of the employment process. The employer can then violate the law and the employee has no right to file in court and is forced to file in an arbitration. The arbitrator's decision can only be appealed in the … [Read more...]

NJ Bans the Boss from Getting Facebook Passwords

** Update - This law was not signed yet by the Governor.  The Star-Ledger and NJ.com reported that it had been signed into law in error.  We would like to thank Evan Shenkman for bringing this to our attention.  It is nice to know that someone is reading our blog!  We will let you know as soon as this bill is signed. New Jersey enacted a law on December 7 that forbids employers from requiring … [Read more...]

Converting Long-Term Disability Insurance From Your Employer

Most employers maintain long-term disability insurance for their employees. Upon your termination or separation from the employer, you may be able to convert your long-term disability insurance from an employer policy to a private policy. However, you may be limited by the amount of time that you have to convert the long-term disability insurance. Accordingly, you should inquire with your employer … [Read more...]

NJ Closer to Passing Employer Facebook Legislation

In June of this year, the New Jersey Assembly passed a bill that would prevent employers from requiring employees to their the employer access to their Facebook account. On Thursday, New Jersey 's Senate Labor Committee approved a similar piece of legislation making it illegal for an employer to require an employee to Friend the company on Facebook. An employer would be subject to a $1,000 fine … [Read more...]

Fair Non-Compete Provisions in New Jersey

We review hundreds of non-compete agreements each year from various employers throughout New Jersey.  The typical non-compete agreement contains a a two year restriction on any competitive activity throughout the State of New Jersey.  These non-competes prevent the employee from working in their field and will force them to try and find work that they have never done before. We have come across … [Read more...]