The New Jersey Employment Law Firm Blog

June 1, 2012

Bullying and The New Jersey Healthy Workplace Bill: Beyond Harassment and Hostile Work Environment

From the classroom to the break room, bullying is a term that has become ubiquitous over the past several years, and the need for legislation to protect employees from this particular type of behavior has become all the more evident. While current employment laws provide employees protection from discrimination, sexual harassment, other harassment, and a hostile work environment, there is no law that protects employees against the abuses that result from bullying. In order to address this gap in the employment law, the New Jersey Healthy Workplace Bill was submitted to the Senate Labor Committee earlier this year. The Bill goes a step further than the current employment discrimination laws by providing redress to employees who are the victims of abusive conduct, regardless of age, disability, gender, race, religion, sexual orientation, national origin, or any other protected class for that matter.

https://www.youtube.com/watch?v=x92tBd9jkvo

April 5, 2012

A Resnick Law Group Victory: Last Minute Arbitration Will Not Be Upheld in New Jersey

by Resnick Law Group, P.C.

On March 29, 2012, the Appellate Division held, in Cole v. Jersey City Medical Center, et al., A-4914-09T1 (N.J. App. Div. Mar. 29, 2012), that an employer, Liberty Anesthesia Associates, LLC (“Liberty”), was equitably estopped from enforcing an arbitration clause contained in an employment contract. Because Liberty actively participated in the litigation — and opted to wait until three days before trial to first invoke the arbitration clause — the Court reasoned that Liberty had “voluntarily and intentionally decided to relinquish its right to arbitration as a forum to adjudicate plaintiff’s claims as a matter of litigation strategy.” Plaintiff, who is represented by New Jersey employment lawyers at the Resnick Law Group, will indeed have her day in court on her claims that the wrongful termination of her employment as a nurse anesthetist violated the Conscientious Employee Protection Act (“CEPA”) and the New Jersey Law Against Discrimination (“LAD”).
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March 14, 2012

Are New Jersey Employers Allowed to Ask for Access to a Job Applicant’s Facebook Account?

by Resnick Law Group, P.C.

If you’re reading this online blog, you almost certainly have at least one personal account on Facebook, Twitter, LinkedIn, or some other social media website. Your account is undoubtedly password protected, and if it is a Facebook or Twitter account (as opposed to a LinkedIn account, which tends to be more professional), you very likely have posts, photos, or other personal information on your page that you would prefer to keep private from a prospective employer.

However, a recent and disturbing trend is developing, as employers are increasingly demanding that job applicants provide their personal social media login information as part of the job application process. Some employers alternatively request a “shoulder surfing” session, during which job applicants log on to their social media accounts and navigate their posts while a nearby interviewer observes and reviews the applicant’s posts, photos, comments, tweets, likes, friends, followers, connections, groups, etc. The issue has become so concerning that the American Civil Liberties Union (or ACLU) and some state lawmakers have become involved, advocating for the privacy rights of job applicants.

The issue at stake is whether a prospective employer’s demand for personal social media login information of a job applicant, or request for a “shoulder surfing” session, violates the job applicant’s right to privacy. New Jersey courts have not yet decided the issue, but it is clear that, when the issue does present itself in Court, New Jersey employment lawyers representing public sector applicants (those who apply to work for a government employer) will have more arguments than New Jersey employment lawyers representing private sector applicants (those who apply to work for a private sector employer).
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December 16, 2011

New Jersey Workers’ Wages Explained, Violations Commonplace

by Resnick Law Group, P.C.

While most are familiar with the minimum wage, some people may not realize that New Jersey law provides guidelines and protection regarding the wages employees get paid, how much they make in overtime and when they may be forced to work overtime.

Lawmakers have amended the law many times to provide protections for employees and employers and set up guidelines and regulations for each to follow. The law addresses questions about minimum wage, farm labor, the employment of minors, public contracts and other areas of employment law in New Jersey.

According to the Department of Labor and Workforce Development, there are many laws on the books that mandate the minimum amount of money a person should make, when they should make overtime and how that’s paid. Other wage-related issues are also addressed.

New Jersey Employment Lawyers have, for decades, represented workers who have been shorted wages, not been paid overtime in accordance with the law and faced other unlawful actions or behaviors in the workplace. We are available to discuss your case today.Minimum Wage:

The minimum wage in New Jersey is $7.25 per hour and has been that rate since July 24, 2009. It has increased from $5.05 per hour in 1992 to the current rate. That is the minimum rate a person should be paid and they should receive time and a half the employee’s rate for working more than 40 hours in a week.

This wage isn’t applicable to part-time employees primarily engaged in the care and tending of children in the home of the employer, to people under 18 who don’t have a special vocational school graduate permit or to people who sell motor vehicles, outside salesmen and saleswomen or people who volunteer for nonprofit groups.

Fringe benefits: Many employers in New Jersey offer health benefits coverage to their employees as an incentive to attract and retain qualified employees.

The legislature has found that it is a disservice to workers not to require that an employer provide prior notification to its employees when the employee health benefits plan will be terminated, for whatever reason. The law requires 30 days’ notice if a plan will be terminated.

Mandatory overtime: New Jersey law establishes rules for health care employees, such as nurses and doctors, including that they shouldn’t be forced to work more than 40 hours per week. However, in cases of “unforeseeable emergency circumstances” when overtime is required only as a last resort, the employee can be asked to work.

Other health care employees may be asked to work “mandatory overtime” in cases when there is “chronic short staffing,” but it should be voluntary. The refusal to accept overtime work cannot be grounds for “discrimination, dismissal, discharge or any other penalty or employment decision adverse to the employee.”

However, in case of an emergency situation, when overtime is a last resort or if the employer has tried other efforts to staff, overtime may be mandatory. The employer is required to provide up to one hour to arrange for the care of minor children, or elderly or disabled family members.
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December 5, 2011

Specified New Jersey Workers and Their Rights

by Resnick Law Group, P.C.

New Jersey Employment Lawyers have written a series of blogs that help explain how the law in New Jersey applies to the worker and the company.

New Jersey law affords many protections to workers so they aren’t subjected to workplace discrimination or retaliation, and their wage and hour rights are not violated. The law states that a person can’t face discrimination based on any of the following reasons:

race, creed, color, national origin, nationality, ancestry, age, sex, familial status, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, liability for military service and mental or physical disability, perceived disability and AIDS and HIV status

The New Jersey Department of Labor and Workforce Development lays out information about how workers can be treated and guidelines that employers must legally follow.

Employment of Minors: Child labor laws were established in the United States in the early 20th Century, but federal agencies note that hundreds of thousands of children are employed as farm workers in this country to this day.

Outside of school, on vacation or during other breaks, children between 14 and 16 are allowed to work.

For minors under 18, they aren’t allowed to work more than six straight days or for more than 40 hours in one week/eight hours in a day. They aren’t allowed to work before 7 a.m. or after 7 p.m., except in a restaurant, supermarket or other retail establishment. The law goes on to list specific examples of jobs that can require extended hours for teen workers.

Farm Labor: The Seasonal Farm Labor Act regulates how seasonal farm workers must be treated and sets up the boundaries for workers.

For instance, a farm workers can’t be fired, suspended, demoted, transferred or otherwise penalized for exercising their rights through laws in New Jersey or established by the federal government. Employers, or “crew leaders,” as defined by the law, can face fines and other penalties if they violate the law.

Drinking water, toilets and hand washing stations should be furnished in the field for workers.

Apparel Industry: The apparel industry is defined as work regarding sewing, cutting, making, assembling or producing apparel intended to be worn by a consumer and sold at retail shops.

These businesses must be registered with the state and manufacturers and contractors must keep accurate records about employees, including:

Names and addresses of each production employee and the age of every production employee who is a minor
The number of hours of work and the time of day work begins and ends for production employees
The wages, wage rates and piece rates paid during each payroll period
Contract worksheets indicating the price per unit agree between manufacturer and contractor

Those who violate the terms and conditions of the law can be subjected to fines of up to $4,000 and the company can be subjected to suspension for a period of time. It is good to know that employees throughout New Jersey have specific protections for their industry, but violations still occur. They must be explored by an experienced and aggressive New Jersey Employment Lawyer as soon as possible to protect your rights and to prevent the rights of future employees from being violated. .
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November 7, 2011

Family and Medical Leave Act Provides Protection for New Jersey Workers, but Still Confuses Some

by Resnick Law Group, P.C.

Despite being in place for years, the Family and Medical Leave Act, commonly referred to as the FMLA, protects employees who take time off for family or medical-related problems. It ensures that employers don’t retaliate against employees for taking the time off.

New Jersey Employment Lawyers have seen workers discriminated against and punished for taking time off work, even though state and federal law allow people to take time off from work and still maintain their jobs.The federal act allows an employee to take off up to 12 weeks of job-protected, unpaid leave during any 12-month period for these reasons:

Birth and care of a child or placement for adoption or foster care
Care of an immediate family member
Care of the employee’s own health condition

Here’s a Question and Answer session about the New Jersey Family Leave Act of 1993:

Q: How is the 12-month period calculated under FMLA or NJFLA?

Employers may select one of four options for determining the 12-month period:

the calendar year;
any fixed 12-month “leave year” such as a fiscal year, a year required by State law, or a year starting on the employee’s “anniversary” date;
the 12-month period measured forward from the date any employee’s first family leave begins; or
a “rolling” 12-month period measured backward from the date an employee uses FMLA or NJFLA leave.

Q: Does workers’ compensation leave count against an employee’s family or medical leave entitlement?

It can. Family and medical leave and workers’ compensation leave can run together, provided the reason for the absence is due to a qualifying serious illness or injury and the employer properly notifies the employee in writing that the leave will be counted as family or medical leave.

Q: If an employer fails to tell employees that the leave is FMLA or NJFLA leave, can the employer count the time they have already been off against the 12 weeks of FMLA or NJFLA leave?

In most situations, the employer cannot count leave as NJFLA or FMLA leave retroactively. Remember, the employee must be notified in writing that an absence is being designated as NJFLA or FMLA leave. If the employer was not aware of the reason for the leave, leave may be designated as NJFLA or FMLA leave retroactively only while the leave is in progress or within two business days of the employee’s return to work.

Q: Which employees are eligible to take FMLA and NJFLA leave?

Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, have worked for at least 1,000 hours over the previous 12 months, and work at a location with at least 50 employees.

There are additional questions and answers on the State of New Jersey web site regarding FMLA and NJFLA. Discrimination based on aiding one’s family or one’s own health is unlawful and must be investigated.
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November 1, 2011

In the Matter of Nicholas R. Foglio, NJ Supreme Court Rules Towns Must Provide “Legitimate” Reason for Hiring Less-Qualified Candidates

by Resnick Law Group, P.C.

The New Jersey Supreme Court recently ruled that municipalities that hire from a civil service list have to provide a “legitimate” reason for hiring someone who placed lower in the test ranking, The Star-Ledger reports.

New Jersey Employment Lawyers have seen countless examples of people who were passed over for good jobs simply because of an unqualified person’s connections or other unlawful reasons. These situations should be fought aggressively and sometimes litigation is necessary in order to get justice.In a recent 4-2 decision In the Matter of Nicholas R. Foglio, the New Jersey Supreme Court reversed a practice that some experts say gave too much power to hiring authorities who gave vague reasons for bypassing qualified candidates in favor of family members and those with political connections.

The court ruling is based on the case of Foglio, who was skipped over for a firefighter’s position in Ocean City in 2007. In hiring firefighters that year, the city picked a bartender and a lifeguard over Foglio, who had eight years of experience as a volunteer fireman and emergency medical technician in several communities.

The city initially cited better educational background as the reason, though Foglio had more firefighter educational training. According to the newspaper, it later said the other two had performed better in interviews, though the city couldn’t provide notes or a list of standard questions they asked all candidates. Finally, the city said the other candidates “best met the needs” of the fire department and the Civil Service Commission agreed, as did an appeals court.

But the state’s high court said a “boilerplate” reason is insufficient, and the city was obligated to provide the New Jersey Department of Personnel with a statement of “legitimate” reasons why Foglio wasn’t selected. The city must now decide whether to give Foglio a “legitimate” reason for why he wasn’t hired or must give him a job, his attorney said.

The New Jersey Supreme Court decision is good news for those applying for jobs within a city or town throughout the state. Many times, those hiring civil service employees simply hire less-qualified people as a favor and it undermines the legitimacy of the hiring process. It also is a form of discrimination that shouldn’t be tolerated.

Whether based on age, race, gender, sexual orientation, creed or other reasons outlined in New Jersey law, employers aren’t allowed to discriminate. And that includes the hiring and firing processes. Potential employees are afforded protections just like people who are already on the payroll.

Hiring a New Jersey Employment Lawyer where a potential employee has been passed over for a job or turned down for a promotion or harassed on the job is critical. These injustices should not go unnoticed and unpunished. Sometimes, litigation can be avoided, but there are times when filing a lawsuit is necessary. Our firm has decades of experience handling these cases and continuously fights for employees’ rights.
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October 15, 2011

3M Settles Age Bias Claim With $3 Million Check For Employees in New Jersey, Nationwide

by Resnick Law Group, P.C.

Corporate giant 3M came to an agreement recently to pay $3 million to several hundred ex-workers who said the company discriminated based on age, the U.S. Equal Employment Opportunity Commission reports.

Age discrimination in New Jersey can affect workers and families when employers make decisions about hiring, firing and promotions based on factors other than qualifications and job performance. It can also apply to whether or not a person gets training opportunities, fringe benefits or other benefits of a job.If you face discrimination on the job and you believe it is based on your age, don’t hesitate to contact an experienced New Jersey Employment Lawyer who can assess your situation and determine what action can be taken. Facing discrimination is wrong, but it can happen to anyone, in any profession.

3M may best be known for its Post-It notes, adhesive tape and insulation products. But most recently, it has been known as a company that shuns older workers.

According to the EEOC, the company recently agreed to pay out $3 million to workers older than 45 that it laid off between 2003 and 2006. A lawsuit against the company alleged it fired many high-paid older employees and directed its leaders to train younger workers as replacements.

The EEOC’s investigation found an e-mail from the former chief executive that stated the company should be “developing 30-year-olds with General Manager potential.”

As part of the settlement, the company will pay out $3 million to 290 former employees and it must provide training to avoid age discrimination by managers and supervisors. There must also be a termination decision process review. The settlement still requires approval by a federal judge.

Two separate lawsuits, filed on behalf of thousands of other employees settled in April for $12 million. Those who benefited under those lawsuits aren’t eligible for the EEOC settlement. 3M denies any wrongdoing, but said the company agreed to the settlement to put an end to it incurring any more legal costs.

While most companies would like their younger employees to one day become strong managers who can lead the business in the future, a corporation can’t simply terminate hundreds of older employees because they make good salaries after having dedicated decades of their lives to making the business a success.

That shows a systematic choice to discriminate based on age and it cannot be tolerated. Older employees sometimes get a bad reputation for not being willing to use new technology or being unable to adapt to current trends in business, but they can’t be denied an opportunity to prove themselves.

Sometimes these injustices require a lawsuit in order to make sure companies comply with the laws of the state and nation, and to compensate workers who have been harmed. New Jersey and New York both have laws which prohibit all forms of discrimination, including age. Workers should be judged based on their skills and not simply on how old they are.
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August 29, 2011

Youth Unemployment in New Jersey, Nationwide On the Rise

by Resnick Law Group, P.C.

As the school year starts, many teens will be leaving summer jobs to go back to school. But for many others, they are still seeking employment in order to save for college or pay bills.

The U.S. Department of Labor Bureau of Labor Statistics reports unemployment among young people increased by 745,000 between April and July — the July employment rate was the lowest on record for teens since the agency began keeping track in 1948.This trend appears to show that adults are taking jobs that teens would be more likely to have as the economy is slow to recover. But it also serves as a warning that parents and teens should be aware of child labor laws in New Jersey.

The youth labor force is classified as people 16 to 24 who are working or actively looking for work. April to July is the time when this segment of the labor force grows sharply because many high school and college students are out of school and graduates are looking for full-time work. It’s also legal for 14 and 15 year olds to work under strict guidelines and with careful supervision.

The bureau reports that unemployment among teens grew from 571,000 last year to 745,000 this year.

Perhaps one of the biggest factors why teens were less able to find work this year is that many adults have resorted to taking jobs normally reserved for teenagers. With our state’s unemployment at 9.5 percent in July, according to the bureau, many people are scrambling to take any work they can get.

So, the ice cream shops, shoreline hospitality jobs and other work that tends to peak during the summer may have been snatched up by older workers. This can result in teens taking jobs for which they are less suited — or not reporting dangerous working conditions or other work safety violations for fear of losing a job.

These are adult concerns for sure, since everyone has the right to a safe work environment. But child labor laws have been specifically written to protect our youngest workers. In addition to state child labor laws specific to New York and New Jersey, federal child labor laws include:

-Work limits during school hours.

-Hour limits per day and per week.

-Limits regarding work in manufacturing, mining and processing operations.

-Limits involving the operation of machinery.

-Regulations regarding riding in motor vehicles.

-Loading and unloading rules and regulations.

In general, work options for those ages 14 and 15 are severely limited. While those ages 16 and 17 have more options. There are also any number of regulations involving participation in work-study programs, after-school programs and working in agriculture.
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August 12, 2011

Young Workers in New Jersey Have Workplace Rights

by Resnick Law Group, P.C.

In the midst of summer, it is important to note that for teenagers, it’s the best time of year to find a job. Whether it’s picking up shifts at a local retailer or finding work at an ice cream shop along the Jersey Shore, this is the ideal time for young workers out of school.

But while they may be young, they still have rights, just like every other worker. And they can face problems at work, too. Teen work violations in New Jersey must be fought aggressively. New Jersey Employment Lawyers have been fighting workplace discrimination and harassment for decades and believe that everyone should be able to work without added pressures brought on by unlawful practices.In recent years, the U.S. Equal Employment Opportunity Commission, the federal agency that enforces federal laws that prohibit workplace discrimination, teamed up with the New Jersey Office of the Attorney General to educate young workers about the rights they have as employees and how they should and shouldn’t be treated. The campaign was also used to educate business owners, to ensure their employees are treated fairly.

One recent case where young employees allegedly faced issues was in Long Island, CBS News reports. The TV station reports a case of three 20-something sisters who have filed a sexual harassment lawsuit against a restaurant where they once worked.

According to the news station, the sisters claim they were routinely subjected to lewd comments and behavior by male co-workers, including a cook who was convicted for groping one of them in 2008. The man was later convicted of attempted sexual abuse and was sentenced to four months in jail, the station reports. The two other sisters say they were routinely touched inappropriately by other workers.

Along with federal protections, the New Jersey Law Against Discrimination provides help for employees who face discrimination based on race, creed, color, national origin, nationality, ancestry, age, sex, familial status, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, liability for military service and mental or physical disability, perceived disability and AIDS and HIV status, according to the New Jersey Office of the Attorney General.

Sexual harassment means unwanted sexual advances, comments, e-mails, requests for sexual favors or unwelcome touching in the workplace. Workers cannot apply sexual pressure in exchange for increased pay, promotions or other perks. It is against the law.

While jobs are tough to get right now, no one should suffer through discrimination at work in exchange for the promise of keeping a job. Fighting an employer to make things right is important and making sure there is no retaliation is critical, too. Don’t allow yourself to be stuck in a frustrating and difficult job situation without at least consulting with a New Jersey Employment Attorney.
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