The New Jersey Employment Law Firm Blog

July 31, 2011

New Jersey Cuts Benefits to Union Workers, Other States Follow

Unions are a big deal in New York and New Jersey. As the U.S. Bureau of Labor Statistics points out, in 2010, union members accounted for 24.2 percent of wage and salary workers in New York and 17.1 percent in New Jersey. And that’s a drop of 1 percent in New York and 2.2 percent in New Jersey from 2009.

Unions have steadily declined in the last 15 years, the bureau reports. While union membership in both states are at a current low, they were still well above the national rate in 2010. New York’s union membership was 1,959,000 in 2010 and in New Jersey, about 637,000 workers belong to a union.New Jersey Employment Lawyers seek to protect union employees as well as others who aren’t protected by unions. Coalitions of workers have helped establish strong benefits, better pay and helped reduce workplace discrimination for years. But as states face budget crises, many officials have begun making difficult cuts, including to unions.

Most will remember how in early 2011, Wisconsin teachers protested at the state capital building after the state’s governor sought to cut $900 million from educators. The Hartford Court recently reported that 7,500 state employees in Connecticut could face changes to healthcare and pension benefits and a two-year wage freeze in exchange for four years of no layoffs.

New Jersey’s move in June addressed a deep budget crisis when officials realized the state’s pension and health plans are underfunded by $110 billion, CBS News reported. So, in response, the state passed a law that requires public employees to begin contributing several thousand dollars more for their benefits. State leaders believe it will be a model for other struggling states.

CBS News cites Wisconsin, Ohio and Michigan as other states who have asked public employees to start contributing for their benefits. Florida also passed legislation doing the same.

Collective bargaining agreements are powerful tools that help protect employees from unfair work conditions, a lack of benefits and other perks. But if states or businesses that entered into the agreements don’t honor them, employees should seek a New Jersey Employment Lawyer who can straighten these things out.

Sometimes, filing a lawsuit is the best way to resolve the issues, and sometimes the gap can be bridged through other means. But consulting with an experienced and aggressive law firm can be essential to assure the employees are afforded all the rights and benefits that are contractually guaranteed.

According to the bureau of labor statistics, 31 states and the District of Columbia had union membership rates below the 11.9 percent United States average in 2010. Last year, 19 states had a rate higher than the country’s average. In New York, New Jersey, California, Washington, Alaska and Hawaii, the union membership rate was 17 percent or more of the workforce. Southeastern states — Virginia, Tennessee, North Carolina, South Carolina, Georgia, Mississippi, Arkansas and Louisiana — had the lowest union membership rates, at 4.9 percent or less.
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July 26, 2011

New Jersey Police Race Discrimination Lawsuit Settled

by Resnick Law Group, P.C.

The Jersey Journal recently reported about a lawsuit filed by five Hispanic police officers formerly on the Hoboken SWAT team. The suit was settled with a $2 million payout.

It’s sad to see, but discrimination based on race still exists today. There are state and federal laws that prohibit discrimination in the workplace based on age, race, creed, national origin, gender, sexual orientation and many other factors, yet employers continue to make hiring and firing decisions based on factors outside a person’s control, such as their race or family history.New Jersey Employment Lawyers seek to ensure all employees are treated fairly and are employed based on their talents, skills, education and qualifications and not based on their skin tone, age or gender.

In this case, the five officers filed a federal discrimination lawsuit against the city in 2007, alleging they were subjected to racial slurs and racially motivated mistreatment. Some of the incidents allegedly occurred during two trips to Louisiana to help in the aftermath of Hurricane Katrina.

After complaining about the treatment, the officers alleged that officials with the police department retaliated against them.

According to the U.S. Equal Employment Opportunity Commission, claims of racial discrimination are among the chief complaints that workers make to the agency, which is responsible for enforcing federal laws that make it illegal to discriminate against an employee or job applicant.

In 2010, there were 99,922 charges of workplace discrimination and of them, 35,890 were noted to be related to a person’s race. In the last 10 years, race discrimination claims have increased:

2010: 35,890
2009: 33,579
2008: 33,937
2007: 30,510
2006: 27,238
2005: 26,740
2004: 27,696
2003: 28,526
2002: 29,910
2001: 28,912
2000: 28,945

That is a 24 percent increase in just a decade. It’s unclear whether this means there are far more instances of racial discrimination in the last decade or whether people are more likely to make reports — legitimate or not.

But this story and others like it show that racial discrimination still exists in the workplace throughout New Jersey and the United States. In 2010, more than 3,300 race-based claims of discrimination were settled and monetary benefits totaled $84.4 million, up from $82.4 million in 2009. Benefits totaled $61.7 million in 2000.

More than 26,000 claims were found to have no reasonable cause in 2010, while the agency found that another 1,300 did have reasonable cause to continue.

In this tough economy, brought on by the Great Recession, many people are thrilled just to have a job. But if a worker faces discrimination on the job or in applying for a job, it is unacceptable and unlawful. Some people will simply take the abuse the unlawful treatment in exchange for having a job. Employers sometimes use the threat of unemployment and bleak job prospects as a way to treat workers unfairly.

These injustices should be fought and consulting with a New Jersey Employment Lawyer is the first step.
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June 22, 2011

Walmart Prevails in Gender Discrimination Case

by Resnick Law Group, P.C.

In a staggering decision, the US Supreme Court ruled this week in the case of Wal-Mart Stores, Inc. vs Dukes, et al., that a class action on behalf of approximately 1.5 million current and former female employees of Walmart could not move forward under the class certification rules set forth under the Federal Rules of Civil Procedure. The case, which was brought under Title VII of the Civil Rights Act of 1964, alleged that local managers at Walmart’s hundreds of stores exercised discretion over pay and promotions disproportionately in favor of male employees. However, five Justices determined that only where there was a “general policy of discrimination” could a single employee’s discrimination claim and a class of persons who have suffered the same injury be bridged, in order to support such a substantial class of employees.

The only evidence which the Court referred to as supportive of a “general policy of discrimnation” was a sociologist’s analysis stating that Walmart’s corporate culture made it vulnerable to gender bias. However the Court held that since the expert could not estimate what portion of the Wal-Mart’s decisions were based upon discriminatory thinking, there was an absence of ‘siginificant proof’ that the company operated under a general policy of discrimination.

Though there were strong dissents in the opinion, it appears that for now such large class actions will need to concentrate more on evidence of widespread discrimination, rather than the sheer volume of persons making similar allegations.

June 6, 2011

Bill Would Ban Unemployment Discrimination in New York

by Resnick Law Group, P.C.

New York lawmakers recently introduced legislation that would make it illegal for businesses to discriminate against unemployed job seekers, Reuters reports.

New Jersey Employment Lawyers understand how difficult it can be to find work right now. Millions of Americans are searching job postings, sending out resumes and hoping for callbacks to get back on their feet. And it’s tragic when companies decide not to hire someone just because they’ve been out of work, the result of which may not even be their fault. Unfortunately, its not against the law. Disqualifying an employee for other reasons — including sex, age or race — is illegal and should be handled by a discrimination attorney in New Jersey.The article says the bill would make the unemployed a protected class under New York law, which would give them the same status as other groups, such as the physically disabled. It would also make it illegal to post job openings and openly discourage unemployed applicants.

This type of discrimination contributes to the increased problem of long-term unemployment, lawmakers said. The New York State Department of Labor reports the unemployment rate was 7.9 percent in April, down almost 1 percent from April 2010.

New York is catching up to New Jersey, which was the first state to ban a form of unemployment discrimination by pushing through a bill that made it illegal for companies to require their applicants be employed. It took effect on June 1. There is no federal statute banning employment discrimination, but a Democratic Representative from Georgia recently introduced the Fair Employment Act, which would prohibit hiring practices based on the unemployed.

All this is good news for job seekers. But while these are improvements to the law, it may not protect you at your job. Employers aren’t always legally required to treat their employees fairly, unless the discrimination is based on religion, race, age, gender physical condition, sexual orientation, national origin, veteran or military status or other legally protected class.
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May 27, 2011

New Jersey Laws Prohibit Discrimination Based on Family Leave

by Resnick Law Group, P.C.

IF you need time off work because of the birth of a child, death in the family, adoption proceedings or other eligible reason, your company can’t discriminate against you, the New Jersey Family Leave Act says.

If your company is giving you problems because you had to take time off work for a family emergency, you may have been unfairly discriminated against based on the New Jersey Family Leave Act. If so, contact New Jersey Employment Lawyers immediately. There is also protection for employees under the federal Family and Medical Leave Act.New Jersey’s law requires covered employers to give employees time off from work in certain situations:

Birth of a Child
Adoption of a Child
Serious illness of a parent, child or spouse

Employers with 50 or more employees anywhere in the world are required to follow the law for New Jersey employees. The law requires employees to be at work for at least 12 months at the job and work 1,000 hours in a 12-month time frame to be eligible. If those conditions are met, the employee’s job is protected for up to 12 weeks of leave in a two-year period.

The main difference between the New Jersey Leave Act and the federal Family and Medical Leave Act, is the ability of an employee under the federal law to take leave for his or her own medical condition. Also, while the duration and the timing of the leave under the state law is 12 weeks in any 24 month period, under the federal law the leave permitted is 12 weeks during any 12 month period.

Under both acts, the time off is unpaid, unless the company has a specific policy paying employees for the time off. But the New Jersey law also provides some exceptions. For instance, employers can deny leave to employees whose base salaries are in the highest top 5 percent of all employees or if they are among the seven highest paid employees if their absence would have a substantial negative effect on the business.

Because these can be complicated issues, they require an experienced New Jersey employment law attorney. Don’t hesitate to call so we can put our knowledge to work for you.
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May 20, 2011

New Jersey Employment Law Protects Veterans

by Resnick Law Group, P.C.

New Jersey Employment Lawyers are proud of our country’s armed forces and veterans who have put their lives at risk for our safety and liberty.

And that’s why we fight so hard to protect our military veterans who are discriminated against when they apply for jobs or while they are employed. The New Jersey Law Against Discrimination prevents companies from unfairly discriminating against members of the armed forces.The law states employers can’t give preferential treatment to other employees over you in hiring or by giving different terms of employment based on membership in the Armed Services. However, the law doesn’t prohibit a company from not hiring a member of the military who has already received orders to report for active duty. Federal law may vary, however.

The Uniformed Service Employment and Reemployment Rights Act is a federal law that is intended to ensure those who serve or have served in the military are not disadvantaged in their civilian careers, are reemployed without delay once returning from duty and aren’t discriminated against as a result of their service.

This protection applies to members of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard or Air National Guard. If you are living in New Jersey or New York and you feel a company or your employer is treating you unfairly compared to coworkers, please call. We have been protecting the rights of our military members for nearly 30 years.

The Family & Medical Leave Act, commonly applies to people taking time off for births, deaths and illnesses in the family. But the act can also apply to the military who are called into active duty. Some examples of how the act can apply to military members is if you’re deployed with a week or less of notice, if you’re required to participate in military related activities and if you have to attend counseling that is needed because of your active duty.

These laws are lengthy and complex, so if you feel you have been discriminated against because of your service, call for a consultation. We will help you determine the best course of action to protect your rights.
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May 17, 2011

Jersey City Housekeeper Alleges Discrimination By New York City Billionaire

by Resnick Law Group, P.C.

A Jersey City woman, who has been a housekeeper for 25 years to many of New York City’s rich and famous, alleges she was denied a job based on her Filipino heritage, The New York Daily News reports.

Discrimination based on one’s national origin has no place in New Jersey, New York or elsewhere in this country. If you feel someone has refused you a job, promotion or duty that you are otherwise qualified for based on your nationality, contact New Jersey Employment Lawyers.The woman filed a complaint with the New York City Commission on Human Rights , which has opened a probe into the allegations.

According to the news story, the woman applied to be the head housekeeper for a Russian-born billionaire, considered to be one of the wealthiest men in the United States. She cleaned the fireplace and vacuumed floors as an interview at his $50 million Manhattan home.

But she later discovered that the man’s butler had written “No Philippines, thanks” in an email to a man who was hired to place domestic help with the rich and famous. The billionaire’s spokesman denied any bias, saying the woman is a good worker, but not a good fit for the family.

America is likely the world’s most diverse nation and while that is a point of pride, it can also lead to discrimination. That discrimination can lead to a violation of the New Jersey Law Against Discrimination, the New York City Human Rights Law or the New York Human Rights Law.

These laws are designed to protect people from harsh and illegal decisions made by employers. If you feel you have been denied a job or a promotion, or have been harassed or paid less than co-workers, and it adversely affected your career or employment, you may need to take legal action.

Often, this type of discrimination is subtle or happens behind closed doors, but an investigation into the conduct can reveal facts you may not have known but had believed to be true all along. By hiring the right New Jersey employment law attorney, you will find out all the facts you need to know to pursue justice.
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May 13, 2011

Age Discrimination Laws in New Jersey Give You the Right to Be Treated Equally

by Resnick Law Group, P.C.

Often, older adults can do a job as good as or better than younger co-workers. But sadly enough, companies often won’t hire them or pass them over for promotions and pay raises based on potential health costs or other unlawful reasons.

If this has happened to you or a loved one, New Jersey Employment Lawyers are here to stand by your side and fight for your rights.Older employees bring valuable experience to the company that others may not. And while companies cling to unfair stereotypes, such as that older employees have health problems, take more time off or are slow to learn new technology and policies, these are unlawful if they apply them to the hiring and firing of senior workers.

The Age Discrimination in Employment Act of 1967 protects workers and job applicants 40 and older from discrimination based on age. This law makes sure job notices and advertisements, apprenticeship programs and benefits don’t discriminate on the basis of a person’s age.

What rights do you have in New Jersey?

It is against the law for an employer to treat you differently or harass you based on your age:

When you apply for a job
During the course of your employment
In firing you from your job
In forcing you to retire

In general, all jobs must be open to people of all ages. A company can’t refuse to interview or employ people because they are above a certain age. But there are some exceptions. Companies aren’t required to hire someone under 18 or older than 70. Companies can also advertise for a job where age is an essential and relevant part of the job.

But you have the right not to be harassed on the job because of your age and you should be trained, promoted and get other work benefits like other employees. For more specific information, check The New Jersey Department of Law & Public Safety.
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May 7, 2011

New Jersey Employment Laws Aim to Protect You From Harassment and Discrimination

by Resnick Law Group, P.C.

Many New Jersey workers don’t know what laws protect them from harassment and discrimination at work.

And while, hopefully, you don’t have to worry about those issues because your bosses and company follow the law, it often happens that employees’ rights are violated. That’s when you’ll need to consult with New Jersey Employment Lawyers to determine the best course of action to combat these injustices.The New Jersey Law Against Discrimination makes in unlawful to treat people differently based on many factors, including race, gender, sexual orientation, national origin, physical ability and age.

The state allows for people to file discrimination complaints with the Division on Civil Rights, which must be done within 180 days of the alleged act of discrimination. The U.S. Equal Employment Opportunity Commission also can help employees by providing support and direction in discrimination claims, and requires a filing within 300 days of the act of discrimination.

While filing complaints with state and federal agencies can be helpful in your quest for justice, they are often slow-moving and have thousands of cases to review, moving your case sometimes to the bottom of the pile. Another reason why it’s a good idea to consult with an experienced New Jersey discrimination law attorney.

The New Jersey Law Against Discrimination also prohibits harassment based on race, sex or nationality. That means you can’t be subjected to unwelcome sexual advances, touching or sexually explicit materials in the workplace. This area of harassment comes in many forms, but it’s usually obvious to the person being harassed. Don’t be intimidated by this pressure and succumb to the person doing the harassing. Consult with an experienced employment attorney capable of fighting what is going on in your office or at your job.

While New Jersey law prohibits employment discrimination, it has become fairly common. Statistics from the EEOC indicate that in the last fiscal year, there were nearly 100,000 claims of discrimination. That’s an increase of 24 percent since 2000. Nearly 65 percent were based on race or gender.
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