Category Archives: Employment Law
NJ Legislature on Track to Ban Non-Disparagement Clauses in Employment Agreements
A non-disparagement clause is often contained in a written agreement between an employer and employee and states the employee will not say negative things about the company. These clauses are quite restrictive and designed to stop employees from talking about a current or former employer’s leadership, products or services to friends, venting on social… Read More »
Your Options for Filing a New Jersey Employment Discrimination Claim
Employees and job candidates in New Jersey and around the country have the right to be free from discrimination in the workplace. Despite state and federal laws that prohibit employers from treating people differently based on race, age, sex, religion, disability and other protected characteristics, the problem persists. If you have been discriminated against at… Read More »
Employers Can’t Discriminate Based on Your Immigration Status
It’s widely known that federal civil rights laws outlaw employment discrimination on certain bases, such as race, gender and religion. But did you know that it’s also against the law for most employers to discriminate against people on the basis of their legal immigration status? A section of the Immigration and Naturalization Act (INA) prohibits… Read More »
How to Prove Sexual Harassment by a New Jersey Employer
Sexual harassment has long been a serious problem in workplaces throughout the United States. Despite the #MeToo movement, enforcing laws against sexual harassment remains problematic. Often, this is because of the difficulty of proving that illegal misconduct occurred. However, meritorious cases can be won through careful and thorough gathering of evidence. In New Jersey, the… Read More »
How to Know If You’ve Been Wrongfully Terminated
In New Jersey, most people who work are at-will employees. This means their employer can fire them for most any reason, or for no reason at all, as long as no federal or state law is violated. But if you’ve been fired, it’s not always easy to figure out the true motives for the termination… Read More »
NJ Legislators Consider Bill to Outlaw Discrimination Based on Height and Weight
Studies have shown that overweight adults encounter 12 times more weight-based employment discrimination than thinner adults. Now, a proposed bill in the state Senate would make New Jersey the second state in the nation to ban discrimination against employees due to their height or weight. If passed, the Senate bill would add height and weight… Read More »
New Jersey Expands Employee Protections Against Age Discrimination
In New Jersey as elsewhere, age discrimination lawsuits have increased in recent years. Many employers have downsized their staffs of older employees in favor of hiring entry-level workers or part-timers with the goal of reducing overhead. In response, New Jersey has enacted a law that strengthens existing protections against age discrimination in the workplace. A… Read More »
Just Two Racial Slurs Can Amount to Hostile Workplace Discrimination, NJ High Court Rules
In New Jersey, an employment discrimination claim can be based on conduct severe or pervasive enough to make a person in a legally protected class believe that the working environment is intimidating, hostile or abusive. However, courts have disagreed on what level of conduct meets the “severe or pervasive” threshold. Now, the New Jersey Supreme… Read More »
Can Your Employer Require You to be Vaccinated for COVID-19?
The U.S. Equal Employment Opportunity Commission has issued guidance stating that federal discrimination laws do not prohibit employers from requiring employees entering the workplace to get vaccinated for COVID-19. However, the EEOC stated that some exceptions may apply under Title VII and the Americans with Disabilities Act (ADA). Those laws mandate employers to provide reasonable… Read More »
Legislation Authorizes Paid Sick Leave for Workers Suffering from Coronavirus
New legislation passed in response to the COVID-19 pandemic allows certain workers to receive paid sick leave even if their employer previously did not provide it. In March, the federal government enacted the Families First Coronavirus Response Act (FFCRA). This law assists employers that give their employees paid time off while suffering the effects of… Read More »