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The New Jersey Employment Law Firm Blog

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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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How Federal and State Laws Regulating Mass Layoffs Could Affect New Jersey Workers

Both federal and New Jersey employment laws set restrictions on how and when employers may fire their employees, such as restrictions on discriminatory or retaliatory firings. Prior to a mass layoff of workers, many employers must provide advance notice. Their employees may be able to file suit if they fail…

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Use of Artificial Intelligence in Hiring Leads to Concerns Over Employment Discrimination in New Jersey and Elsewhere

The hiring process is growing increasingly automated, as employers in New Jersey and around the country turn to artificial intelligence (AI) that uses hiring algorithms. This could be a time-saving measure for employers, helping them sort through large numbers of job applications, but it can also potentially result in violation…

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National Labor Relations Board Decision Addressing Advocacy for Unpaid Interns Can Protect New Jersey Workers

The National Labor Relations Act (NLRA) protects the rights of employees to engage in activities related to organizing and collective bargaining. Workers alleging infringement of these rights can file a charge with the National Labor Relations Board (NLRB) and may wish to discuss their situation with a New Jersey employment…

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