Courts in New Jersey and all over the country encourage parties involved in disputes to use alternative dispute resolution (ADR) procedures in order to keep dockets from getting excessively backlogged and free up court resources. Mandatory arbitration clauses are increasingly common in employment contracts. Many employees, as well as their…
New Jersey’s wage and hour laws protect workers’ rights to earn a minimum wage and receive overtime compensation. While these are perhaps the most well-known rights under state law, New Jersey protects other rights regarding workers’ compensation. New Jersey does not require employers to provide most workers with breaks for…
The National Labor Relations Act (NLRA) protects employees’ right to organize for the purpose of collective bargaining with their employers. They may do this by forming their own union, or by joining an existing union. Employers may not interfere with employees’ organizing activities. The National Labor Relations Board (NLRB) is…
New Jersey’s employment laws prohibit employers from discriminating against employees and job applicants on the basis of a wide range of factors. The New Jersey Law Against Discrimination provides the broadest protection against numerous discriminatory acts and policies, such as race discrimination or sexual harassment. Other state laws bar employers…
New Jersey is an “at-will employment” state, meaning that employers may fire employees for any lawful reason, or for no reason at all, without necessarily having to show good cause. Note that employers are limited to “lawful” reasons for firing someone. New Jersey employment laws and those at the federal…
Employees’ privacy rights are becoming an increasingly important issue. When many people began working from home because of the COVID-19 pandemic, questions arose about how much their employers could monitor their activities. Even before then, some employers were using potentially intrusive technologies to collect data about their employees. New Jersey’s…
The question of mandatory vaccinations for COVID-19 has proven to be quite controversial over the past year. In late 2021, the White House directed the Occupational Safety and Health Administration (OSHA) to develop a rule requiring all employers with one hundred or more employees to require vaccination against COVID. Lawsuits…
Federal and state laws in New Jersey protect workers from discrimination on the basis of age, with some important limitations. The federal Age Discrimination in Employment Act (ADEA) sets a minimum age for workers, as well as a minimum number of employees before the statute covers an employer. Until recently,…
Unlawful sex discrimination takes many forms in New Jersey workplaces. Overt discrimination, such as when an employer directly states an intention not to hire individuals of one gender, might not be as common as it once was, if only because it is less socially acceptable in the 21st century. It…
The New Jersey Law Against Discrimination (NJLAD) bars employers from discriminating against employees and job applicants on the basis of many different factors. Despite these protections, ongoing inequalities continue to create disadvantages for many people. The use of salary history is one way that employers might — even unintentionally —…