Who’s The Boss? Can Companies Be Sued For Wage and Hour Violations Even If They Don’t Actually Pay Workers?

As of June 2016, a New Jersey Uber driver has filed a class action in federal court, claiming the ride-service company owes its New Jersey drivers for overtime and vehicle costs.  The lawsuit is undoubtedly prompted by Uber’s April 2016 multi-million dollar settlement of claims filed by California and Massachusetts drivers on similar grounds. The… Read more »

Do I Have to Tell My Boss About My Medical Condition? If I Do, What Are My Privacy Rights?

Cancer. Depression. HIV/AIDS. These illnesses impact millions of people, yet are sometimes misunderstood or even stigmatized. For that reason, it’s understandable that employees who suffer from sensitive medical conditions often choose not to inform their employers of their status.  But should they? Generally speaking, employees do not need to inform their employers of their medical… Read more »

Can I Sue My Employer for Outsourcing My Job Under Federal or New Jersey Anti-Discrimination Laws?

It’s been a big news year for the H1-B and H2-B visas.  In the fall of 2015, twenty-seven former Disney IT employees filed complaints with the EEOC, claiming that their termination and replacement with H1-B visa workers amounted to illegal discrimination.  While the EEOC has yet to issue a determination on the employees’ complaints, the… Read more »

The New Jersey Prevailing Wage Act: Making Sure You Receive Your Legal Rate of Pay

Construction and trade employees often find that their employer has contracted them out to work on building and repair projects for public entities like schools, counties and municipalities. What those employees may not know is that, under New Jersey law, they may be legally entitled to a state-mandated rate of pay. The New Jersey Prevailing Wage Act (“NJPWA”)… Read more »

What To Do If You Believe You’re Being Discriminated or Retaliated Against At Work

State and federal law prohibits employers from discriminating and/or retaliating against workers for their membership in a protected class (such as race, age or gender), or their whistle-blowing activity. However, these laws provide a remedy to employees via a lawsuit filed after the employer has already committed unlawful discrimination/retaliation.  How can employees protect themselves from… Read more »

Employment and Military Service: Job Protection for Those Who Protect Us

Employment and Military Service: Job Protections for Those Who Serve Serving our country in the armed forces demands a level of bravery and self-sacrifice that should be honored and rewarded.  For that reason, both federal and New Jersey law provide members of the military certain protections in their civilian employment against discrimination due to their… Read more »

Under Certain Circumstances, Employer Not Required to Maintain Disabled Employee’s Compensation or Job Status at Pre-Disability Level

  So ruled the court in Jones v. Aluminum Shapes, Inc., __ N.J. Super. __, 2001 WL 406175 (App. Div. 2001). This decision clarifies the “reasonable accommodation” requirement of the New Jersey Law Against Discrimination (“NJLAD”) and the Americans With Disabilities Act (“ADA”). Background Facts The plaintiff in the case, James Jones, was a long-standing… Read more »

Transsexuals Are Protected Under The New Jersey Law Against Discrimination (“LAD”)

In a case of first impression, New Jersey’s Appellate Division recently held in Enriquez v. West Jersey Health Systems, 2001 WL 741271, __ N.J. Super. __ (App. Div. 2001) that employers cannot discriminate against an employee because he or she is a transsexual. The plaintiff in the case, Carla Enriquez, M.D. was born biologically a… Read more »