Newark is one of the oldest cities in the United States and the most populous city in the state of New Jersey. Today, Newark is home to leading companies and universities and the state’s largest employment center with jobs in insurance, finance, import-export, healthcare, and government.
That’s the good news; the bad news is that employment-related disputes are commonplace.
Fortunately, workers in Newark have access to Castronovo & McKinney, LLC, a premier employment law practice serving clients throughout the state. Our legal team has in-depth knowledge of the applicable federal, state, and local employment laws and a demonstrated track record of successfully resolving workplace disputes through arbitration, mediation, and litigation.
We know that employers in Newark have an unfair advantage over employees who depend on a paycheck, but we have the skills and determination to level the playing. From discrimination and harassment to wrongful termination and retaliation, we are the trusted choice in employment law. Contact our Morristown or Manhattan office today to learn how we can help.
Common Employment-Related Disputes in Newark, New Jersey
In a perfect world, businesses would strive to create positive work environments knowing that employees place a premium on business culture. Unfortunately, conflicts between employers and employees have an adverse impact on many workplaces. Our firm regularly handles the following employment law cases:
Employers in Newark, New Jersey must adhere to federal and state employment laws, including:
- Title VII of The Civil Rights Act of 1964 (Title VII)
- The Americans with Disabilities Act (ADA)
- The Age Discrimination in Employment Act (ADEA)
- The New Jersey Law Against Discrimination (NJLAD)
In short, employers are prohibited from discriminating against employees and job applicants based on protected characteristics, including race, color, national origin, age, religion, disability, and sexual identity. This means that employers cannot make employment decisions (e.g. hiring, compensating, promoting, firing) based on any protected characteristic. Employees have powerful legal protections against discrimination under these laws, but it takes a highly skilled employment lawyer to pursue a successful claim.
Sexual harassment is considered an unlawful form of sex-based discrimination under federal and state law. While women are frequently the target of harassment in the workplace, anyone can be victimized regardless of their sex or sexual identity.
Sexual harassment may involve sexual advances by a supervisor (quid pro quo harassment) or unwanted comments, conduct, or displays of a sexual nature by anyone in the workplace – supervisors, coworkers, and third parties (clients, customers, vendors). In any event, all workers in Newark have a right to a harassment-free work environment. The best way to protect your rights is to have an experienced sexual harassment lawyer in your corner.
Wage and Hour Claims
The federal Fair Labor Standards Act (FLSA) and The New Jersey Wage and Hour Law govern how employees are to be compensated. All employees are entitled to earn the state minimum wage and eligible employees are required to be paid overtime for all hours over 40 per work at a rate of time-and-a-half their regular hourly rate. In addition, employers are required to:
- Properly classify employees (e.g. exempt, nonexempt, independent contractor)
- Pay earned sick leave
- Pay earned commissions
- Implement time-keeping systems
- Maintain records of pay/gratuities
Despite these requirements, wage violations frequently occur when employers fail to pay the minimum wage, misclassify employees, miscalculate rates of pay, or take illegal deductions.
Our firm has extensive experience prosecuting wage and hour claims through individual and class-action lawsuits.
New Jersey is an “at-will” employment state, meaning that an employer can terminate an employee with or without cause. However, an employer cannot fire someone for an illegal or discriminatory reason or in violation of an employment contract. For example, you cannot be terminated on the basis of your age if you are 40 or older. Although employers know how to conceal their discriminatory motives, our dedicated employment lawyers can help you fight back.
Employers in Newark are also prohibited from retaliating against employees who complain about discrimination, harassment, or labor law and safety violations by taking an adverse employment action (e.g. firing, demoting, harassing), and can be held liable through a wrongful termination claim.
Why Choose Us?
Our firm has a proven history of achieving positive outcomes in arbitration and court proceedings. While many employment-related disputes can be settled, we have the skills and experience to litigate in state and federal court.
Whether you have been subjected to discrimination or sexual harassment in the workplace, you have been fired because of your natural hairstyle, or your employment rights have been violated in any other way, we can help you obtain just compensation. While no two employment law claims are the same, you may be entitled to back pay, lost benefits, front pay, and liquidated damages. Regardless of the nature of the dispute facing you, trust our legal team to help you stand up for your employment rights.
Contact Our Experienced Newark, New Jersey Employment Lawyers
At Castronovo & McKinney, we know that taking legal action against an employer carries both personal and professional risks. Rest assured, we will work to protect your right to earn a living and your reputation. Contact us today to get started.