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The New Jersey Employment Law Firm Blog

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Petition Seeks Supreme Court Review of FLSA Collective Actions for Workers in New Jersey and Nationwide

The Fair Labor Standards Act (FLSA) establishes a national minimum wage and sets standards for overtime compensation. While New Jersey has set a higher minimum wage than the federal rate, the FLSA still plays a critical role in many New Jersey wage and hour disputes. It allows workers to file…

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New Jersey Whistleblower Lawsuit Alleges Discrimination and Retaliation

New Jersey employment laws protect whistleblowers who report alleged wrongdoing by their employers or who cooperate in investigations by providing evidence or testimony. Information provided by employees and others with knowledge of the inner workings of a business or organization is invaluable in helping law enforcement investigations of suspected unlawful…

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New Jersey Lawsuit Seeks to Hold Employer Liability for Employee’s Death from COVID-19

Employers in New Jersey have a legal obligation to provide a reasonably safe work environment for their employees, free of not only discrimination and harassment but also unsafe conditions that pose a risk of injury or death. Multiple laws at both the state and federal levels address employers’ liability for…

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Can New Jersey Employers Require Employees to Get the COVID Vaccine, or Fire Employees Who Refuse?

The coronavirus pandemic continues to hit New Jersey particularly hard, although some good news has appeared in the past few weeks. Two vaccines are gradually becoming available. Certain groups of people will receive the vaccine first, starting with healthcare workers. Eventually, the vaccine will become more widely available. This will…

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New Jersey Employment Discrimination Related to COVID-19 During Public Health Emergency Prohibited by Law

Coming to work while sick is always risky, but far too many workers in New Jersey and around the country often feel they have no other choice. They might need the income from a shift, or they might fear losing their job if they call in sick. During the COVID-19…

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New Jersey Law Requires Employers to Notify Employees About Misclassification

New Jersey employment laws protect workers against many different types of misconduct by employers, from discrimination and harassment to withholding of earned regular and overtime wages. These laws generally only apply to “employees.” Employee misclassification occurs when an employer designates an employee as an independent contractor. While employees have legal…

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What Are Employees’ Privacy Rights in New Jersey During a Global Pandemic?

The COVID-19 pandemic has now entered its ninth month in the United States. After extensive lockdowns in March and April 2020, cities and states around the country struggled with finding ways to reopen their economies without risking public health. Many New Jersey employees had to adapt quickly to a home…

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Does the ADA Prohibit Discrimination in New Jersey on the Basis of Opioid Addiction? The EEOC Weighs In.

Both the Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (NJLAD) protect workers against discrimination on the basis of disability. The definition of “disability” has changed over the years to encompass a wide range of conditions. The public’s understanding of addiction has begun to take psychological…

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Labor Department Opinion on “Fluctuating Workweek” Overtime Rule Impacts Some New Jersey Workers

The federal Fair Labor Standards Act (FLSA) sets a nationwide minimum wage and a standard for overtime compensation. While some states, including New Jersey, have enacted their own minimum wage laws, both federal and New Jersey overtime laws require employers to pay non-exempt workers at one-and-a-half times their regular rate…

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Workers With Questions About Federal Overtime Pay Rules for Remote Employees During the Pandemic Can Get Answers From a New Jersey Employment Attorney

The number of people working remotely — meaning away from their employer’s place of business — in New Jersey and around the country grew considerably after the pandemic began earlier this year. Many people continue to work remotely or virtually, while others have returned to something resembling their earlier workplace.…

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