Your Annual Performance Evaluation: Some Legal Considerations

It’s that time again: the December holiday season, end-of-the-year school activities and family gatherings, and – for many employees – the annual performance review. Obviously, performance evaluations play a big role in your continued employment and advancement within your company. Beyond this, performance evaluations can play an important contributing role as evidence in employment lawsuits…. Read more »

Should You Quit Your Job Due to Discrimination and/or Harassment? Some Legal Considerations In New Jersey.

Discrimination and harassment on the job can inflict such mental and emotional stress that, understandably, many workers wonder whether they should simply just quit. Indeed, when faced with unwanted sexual advances from a supervisor, racially charged jokes from co-workers, or daily acts of petty retaliation, resigning may seem like the best – and only –… Read more »

NJ Disability Discrimination Based Upon Mental Conditions Such as Depression and Anxiety

Mental illness strikes many people at some point in their working lives. According to the National Institute for Mental Health, some 6.7 percent of adult Americans suffer a major depressive episode within a given year, while a staggering 18 percent suffer from an anxiety disorder within a given year. These conditions, if severe enough, may… Read more »

Whistleblowing in New Jersey: Complaints That An Employer Violated a “Clear Mandate of Public Policy”

New Jersey whistleblowers are protected under the Conscientious Employee Protection Act, or “CEPA”. Very generally speaking, CEPA prohibits an employer from retaliating against an employee for complaining, disclosing, or objecting to workplace conduct that the employee reasonably believes: Violates a law or regulation; Is fraudulent or criminal; or Is incompatible with a clear mandate of… Read more »

When Is A “Manager” Not a “Manager” For Purposes of Overtime Pay?

Both the federal Fair Labor Standards Act, 29 U.S.C. Sec.201-219 (the “FLSA”) and the New Jersey Wage and Hour Law, N.J.S.A. Sec. 34:11-56a-34:11-56a30, require employers to pay overtime (or 1.5 times the regular rate of hourly pay) to all covered, non-exempt employees for all hours worked over forty (40) hours in a single work week…. Read more »

Taking Medical Leave: What To Remember Before, During and After

Try as we might to keep healthy, many of us unfortunately will experience a serious medical issue at some point in our working lives.  Such issues may even necessitate taking a leave of absence from your job, via federal or state Family and Medical Leave Act (FMLA) leave, and/or via your employer’s internal personal or… Read more »

Marital Status Discrimination Under the New Jersey LAD: Can Your Employer Fire You For Being In the Middle of Divorce Proceedings?

Most laypersons know that it is illegal for New Jersey employers to discriminate on the basis of protected categories such as race and gender. But did you know that the New Jersey Law Against Discrimination (the “LAD”) also prohibits employers from discriminating on the basis of “marital status”? This means employers cannot discipline, demote, terminate,… Read more »

Managing Partner David Zatuchni discusses wage and hour litigation in the New Jersey Law Journal

A recent article in the New Jersey Law Journal addressed the rising number of wage and hour lawsuits in New Jersey and across the country. Employees are increasingly aware of their rights, thanks in part to the large amount of information on the subject available online. After the 2008 crisis, employers started to aggressively cut… Read more »

Can A NJ Plaintiff Legally Remove Documents From Her Workplace to Support Her Employment Lawsuit?

A successful employment claim, obviously, requires proof that discrimination or retaliation actually occurred. For that reason, many workers who file employment claims against their current or former employers are tempted to print out, copy, or otherwise take records that support their allegations and turn them over to their attorneys. A salesperson alleging age discrimination, for… Read more »