Posts By: David Zatuchni

Do You Have to Allege That Your Employer Violated a Specific Law or Policy in Order to Bring A Whistleblower Claim?

The New Jersey Conscientious Employee Protection Act, or “CEPA”, makes it illegal for an employer to terminate or otherwise retaliate against an employee who objects to, or refuses to participate in, activity which the employee reasonably believes is: Fraudulent or criminal; and/or In violation of a law or regulation; and/or Incompatible with a clear mandate… Read more »

Unpaid Wages and Overtime? Know Your Rights Under New Jersey’s Wage Theft Act

New Jersey’s minimum wage has been steadily rising and, thanks to legislation signed by Governor Murphy in early 2019, is scheduled to reach 15 dollars an hour by 2024.  But perhaps the better news for employees is that New Jersey just passed increased protections for workers seeking unpaid wages and overtime. The Wage Theft Act… Read more »

Can I Be Fired For Complaining About Discrimination Directed At Another Employee?

Working as an employee who is subject to racist remarks, unwanted sexual attention, or bogus discipline due to age or disability is unpleasant, to say the least.  It can also be unpleasant for that employee’s co-workers to witness such discrimination and endure the stress it creates in the workplace.  I receive calls from many employees… Read more »

Sexual Harassment: Frank Advice to Workers From an Attorney

I’ve spent decades practicing employment law, first as an employer defense attorney, then representing employees.  Over all those years, I’ve litigated my fair share of sexual harassment lawsuits. Here’s what a seasoned employment attorney would like to advise workers regarding workplace sexual harassment: When it comes to office romances, tread carefully (or not at all)… Read more »

Can My Employer Fire Me For Using Prescribed Medical Marijuana?

In recent years, New Jersey has joined the growing number of states legalizing marijuana for medical purposes.  Indeed, in 2019, the New Jersey legislature has signaled a willingness to expand the number of licensed marijuana dispensaries in response to growing demand.  Medical marijuana use has proved a boon for patients seeking effective alternatives for managing… Read more »

I’m Getting Paid Less Than a Coworker For The Same Work. Is This Legal Under the New Jersey Law Against Discrimination?

In the wake of the #MeToo movement, pay equity between men and women is an issue arising more frequently in both the courts and the media.  New Jersey recently addressed discriminatory pay disparities in the Diane B. Allen Pay Equity Act of 2018, which revises the New Jersey Law Against Discrimination (the “LAD”) to prohibit… Read more »

How Long Does an Employment Lawsuit Take in New Jersey?

The decision to sue your current or former employer is not one you should take lightly. Before jumping into such a lawsuit, many have one question at the forefront of their minds: how long does an employment lawsuit take? An employment lawsuit moves in several stages, each of which takes considerable time and demands varying… Read more »

Interpreting New Jersey S121: Impacts on Arbitration Agreements & Non-Disclosure Agreements

In March of 2019, Governor Phil Murphy signed into law S121, an act that aims to protect workers by (1) seemingly invalidating any provision of an employment contract that mandates arbitration of claims of discrimination, retaliation or harassment; and (2) gutting the effectiveness of non-disclosure agreements in settlement agreements arising from such claims by making… Read more »