Posts Categorized: Employee Rights

Time Off From Work For Religious Observances: What Is Reasonable and What Is An Undue Hardship?

What do observant Orthodox Jews, Seventh-Day-Adventist Christians and Muslims have in common? (And no, this is not the set-up for a punchline). If they work for a living, then the answer is that – absent special circumstances – they often need to ask their employers for time off to observe the tenets of their faith…. Read more »

I Signed What?: What Happens When Your Employment Lawsuit Is Subject to An Arbitration Clause

I have been representing employees in discrimination, retaliation and whistle-blower claims against employers for nearly two decades now.  On several occasions, clients who steeled themselves to take the fight to court were astonished to learn that they had no lawsuit because they had unwittingly waived their right to trial.  In other words, they had signed… Read more »

5 Things Every Whistleblower Should Do

The New Jersey Conscientious Protection Act, or “CEPA”, protects workers who complain about or report unlawful conduct on the part of their employers from retaliatory actions like firing or demotion.  However, no law confers unlimited protection, CEPA included.  So-called “whistleblower” employees should still make sure to complain and report to their employers in a manner… Read more »

Can My Employer Discriminate Against Me Because I’m Separated or Divorced?

The New Jersey Law Against Discrimination (the “LAD”) has long prohibited employers from discriminating against workers based on their “marital status” as “single” or “married” individuals. But what does that mean for workers who are separated or divorced? The New Jersey Supreme Court recently answered that question in the case of Smith v. Millville Rescue… Read more »

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 »

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 »

Can My New Jersey Employer Force Me To Take A Drug Test? What About a Psychiatric Exam?

When The Testing Occurs Matters Very generally speaking, laws such as the federal Americans With Disabilities Act prohibit employers from requiring individuals to submit to medical testing before they are hired, and even before an offer of employment has been made. This means that employees are protected from testing in the early stages of job… Read more »