As our society has grown more complex, the government has been forced to take on more responsibilities. It created administrative agencies in the executive department, including for example, the Department of Environmental Protection, the Board of Public Utilities, the Merit System Board, the Department of Community Affairs, the Casino Control…
Articles Posted in Labor and Employment
New Jersey’s Security and Financial Empowerment Act
New Jersey has recently enacted the Security and Financial Empowerment Act (“SAFE Act“). This law requires many public and private employers to allow employees to take an unpaid leave of absence up to 20 days in any 12-month period if that employee or someone in the employee’s immediate family (child,…
New Jersey Disability Discrimination
Almost 29 million people over 16 years old had a disability. Of these, approximately 6,000,000, or 21 per cent, were in the labor force, compared with almost 150,000,000 million people without a disability, for a 68 per cent participation rate. Discrimination is prohibited under both New Jersey’s Law Against Discrimination…
The New Jersey Smoke Free Air Act
New Jersey passed the Smoke Free Air Act in 2006. The Act is part of New Jersey’s effort to eliminate tobacco use because it is a significant public health threat. The United States Surgeon General has declared that secondhand smoke is a serious health hazard that leads to premature death…
Minimum Wage & Overtime in Employment Law
The minimum wage in New Jersey is $7.25 per hour. New Jersey law requires that all “non-exempt” private sector employees must receive “overtime” pay – one and a half times their normal hourly rate – for all time worked in any given week in excess of forty hours. While New…
Harassment and Anti-Discrimination Policies
New Jersey protects employees from discrimination and harassment in employment when the discrimination or harassment is based upon a protected type or classification of person. For instance the following classes are protected by New Jersey’s Law Against Discrimination: age, race, creed/religion, color, national origin (your family’s country of birth), nationality…
New Jersey Employers Must Take Discrimination Complaints Seriously or Face Significant Consequences
New Jersey employers should be wary to take all allegations of retaliation or discrimination seriously or face significant consequences. New Jersey employment law provides some of the strongest protections in the nation for employees. In New Jersey employees are protected against discrimination and whistle-blowing retaliation. New Jersey’s Law Against Discrimination…
Standards for Proving Age Discrimination Can Be Difficult to Navigate
Federal employment law, in the Age Discrimination in Employment Act (the “ADEA”),prohibits employers from firing, refusing to hire, or discriminating in compensation, terms, conditions, or privileges of employment because of a person’s age. Case law has evolved over time regarding the extent to which age needs to influence employer decisions…
Defining Severe Misconduct when Denying Unemployment Benefits
In 2010, the New Jersey State Legislature and Governor Chris Christie revised New Jersey’s Unemployment Compensation Law to combat the significant increase in funds needed to pay unemployment benefits as a result of the rise in the unemployment rate in New Jersey. To achieve this problem of fast-depleting funds for…
New Jersey’s Law Against Discrimination: Discrimination Not Always Required
New Jersey’s Law Against Discrimination (“LAD”) protects employees from wrongful termination or other acts based on their race, nationality, ethnicity, gender, age, or other protected characteristic. The LAD is a remedial statute, meaning that the legislature enacted the law not only as a preventative measure, but as a direct response…