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Articles Posted in Labor and Employment

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Last Chance Agreements In New Jersey Employment Law

New Jersey civil service law and education law provide that employee disciplinary charges can be settled.  This applies to New Jersey governmental jurisdictions which are not covered by civil service or education law as well.  One of the tools which are sometimes used for these settlements are “last chance agreements.”…

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New Jersey Employment Law Gives Hearing Over Prospective Enforcement of Non-Compete Agreements

Restrictive Covenants and Non-Compete Agreements Restrictive covenants are clauses in contracts where the parties agree that one or both of the parties agree to restrict their ability to act in certain ways during or after the term of the contract.  There are a variety of restrictive covenants, such as “non-poaching”…

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New Jersey Employment Law Decision Protects Employees from Sexual Harassment, Even Where Harassment is by Employee of Another, Related Employer

A recent New Jersey employment law decision found that even where harassment is not by a co-employee, her employer may still be liable if the victim worked closely with the harasser in her workplace.   Background Kristine Bodner was a certified alcohol and drug counselor employed by the Center for…

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New Jersey Whistleblower Law FAQs

What is Whistleblower Law? In New Jersey, “whistleblower law” refers to a body of law which protects employees who engage in “whistleblowing activity.”  There are two basic sources of New Jersey whistleblower law: the statutory protections of the New Jersey Conscientious Employee Protection Act (CEPA); and the common law protections…

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New Jersey Supreme Court Decides that Commissions are Commissions, and Therefore Wages

Several New Jersey employment laws govern the payment of wages.  The New Jersey Wage and Hour Law (along with the Federal Fair Labor Standards Act) governs minimum wage and overtime.  The New Jersey Wage and Hour Law governs what are considered wages and when they must be paid.  The Supreme…

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Frequently Asked Questions About New Jersey’s Law Against Discrimination

What is the New Jersey Law Against Discrimination? The New Jersey Law Against Discrimination (LAD) is a state law that prohibits discrimination in employment based on certain of an employee’s immutable qualifications.  It is one of the strongest employee protection laws in the country. Who is protected under the New…

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U.S. Supreme Court Clarifies Employer’s Burden for Proving that Employee is Exempt From Overtime

In lawsuits where employees claim their employer wrongfully withheld overtime or minimum wage, if the employer claims that the employees were “exempt” it bears the burden of proving that they actually met the requirements of the exemption under the Federal Fair Labor Standards Act.  There was a split among the…

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New Jersey Employment Law Strengthened to Prevent Employers Using Immigration Status to Evade Paying Wages

New Jersey employment law offers strong protections to employees.  Among these are the New Jersey Wage Payment Law and the New Jersey Wage and Hour Law, both of which were amended in 2019 to increase the statute of limitations from two years to six, and increase penalties for violations.  In…

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New Jersey Pregnant Employee Protections Enhanced by Federal Pregnant Workers Fairness Act and the EEOC’s Implementing Regulations

New Jersey employment law provides significant protections for employees who are pregnant, breastfeeding, or have recently given birth. The New Jersey Law Against Discrimination provides protection against discrimination against pregnant and breastfeeding employees.  It also requires that employers make reasonable accommodations available so that pregnant or breastfeeding employees and new…

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Hiring New Jersey Municipal Police Officers and Firefighters

New Jersey employment law governs the hiring of municipal police officers and firefighters, particularly Titles 11A and 40A of New Jersey Statutes.  These local first responders play critical roles in our society.  New Jersey employment law therefore closely regulates the hiring process to ensure that New Jersians are served by…

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