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New Jersey Employment Law Blog

What are New Jersey's minimum wage laws?

Almost every state including New Jersey (NJ) has a minimum wage in place. This amount is often characterized as the lowest possible hourly rate that an individual can receive for the work that they perform. While this is generally the case, there are some exceptions to this rule. When a state has no minimum wage, that minimum defaults to the federal minimum wage. Individuals who work in certain sectors may be entitled to less pay. Businesses with a smaller staff may be allowed to compensate workers at a lower rate as well.

The current minimum wage in New Jersey is $11 per hour. Most every employer that has six or more workers on staff is required to pay their employees at least this amount if not more. Employers that have five or fewer staff members on their payroll can lawfully pay their employees $10.30 per hour. NJ Constitution Art. I, Section 23 allows any employers in the agricultural sector and those who hire seasonal workers to also pay their employees this rate.

Are New Jersey employers required to practice affirmative action?

New Jersey (NJ) affirmative action laws have long been in place to protect different workers' rights to equal representation in the workforce. Private and public employers are required to uphold different policies though.

Virtually all public employers here in Burlington are subject to NJ Rev. Stat. Sec. 11A:7-1et seq. or the New Jersey Equal Employment in State Government Law. This piece of legislation requires state agencies to come up with equal employment opportunities for prospective workers.

New Jersey medical marijuana patients gain new job rights

Medical marijuana has been problematic for a lot of employers both in New Jersey and in other states. Many employers have been forced to reconsider their strong anti-drug policies that prohibited employees from using marijuana (among other illicit drugs) even while they were off the clock.

Now, however, "marijuana as medicine" is causing a shift in attitudes -- and employees are starting to demand the right to treat their painful and debilitating medical problems with medical marijuana the same way that they might opioids and other legally prescribed drugs.

How to prove retaliation after being sexually harassed at work

There are both state and federal laws on the books that make it illegal for an employer to retaliate against their employees. Employers are strictly forbidden from firing employees who participate in an investigation of their employer or report their unlawful activities including discrimination and sexual harassment. Anyone who violates legislation such as the Age Discrimination in Employment Act (ADEA), Equal Pay Act (EPA), Civil Rights Act (CRA) or Americans with Disabilities Act (ADA) may face civil penalties for doing so.

Employees are protected when they participate in an investigation into their employer. Workers can be subpoenaed and testify at court hearings or answer federal investigators' questions regarding their employer's illicit activity without having to fear being fired if they do so.

Have you experienced age discrimination here in New Jersey?

If you a New Jersey employee between the ages of 18 and 70, you have rights against discrimination toward you due to your age. Most people think that age discrimination laws protect only older workers, but in some cases, they can help those who are at the other end of the age spectrum.

It's important to know your rights under both state and federal laws. For today's purposes, however, we will focus on the New Jersey Law Against Discrimination (LAD).

The Families First Coronavirus (COVID-19) Response Act

The Families First Coronavirus (COVID-19) Response Act was approved by the U.S. Senate on March 18, 2020, and has now been signed into law. This bill will provide paid leave under the Family Medical Leave Act, as well as paid sick leave for absences for certain people who have been impacted by the Coronavirus. The law goes into effect on April 2, 2020, and will end on December 31, 2020. It applies to all employers with 50 employees or less. You have to be employed for 30 days to be eligible for these benefits. Here is what you need to know:

Asian Americans are suffering discrimination over viral outbreak

When something bad happens and people are afraid, it's a sad fact of human nature that those people often look for someone to blame for their troubles.

Right now, the United States, along with many other countries, is facing a viral outbreak of disease that isn't like anything people have ever experienced in their lifetimes. Because the disease originated in China and spread from there via international travel, some people have referred to COVID-19 as the "Chinese virus." This association has put many Asian Americans of all ethnic heritages in danger of both subtle and overt acts of discrimination, even in their workplaces.

Wrongful termination: Do you have evidence?

Many employers are skilled at terminating an employee without giving them a clear-cut reason for their dismissal. Not only can this lead to confusion on your end, but it also makes it difficult to determine if your legal rights have been violated.

If you suspect wrongful termination, it's a good idea to collect as much evidence as possible, as this can help back up your claim should you take future legal action against your former employer.

Rideshare Accidents And The Verbal Threshold

The rise of Uber and Lyft has altered the landscape of personal travel. With new options, however, come new complications. Many people are uncertain what will happen if they are in an accident involving a rideshare vehicle.

The Verbal Threshold

Under New Jersey's no-fault insurance system, motorists who buy insurance have a choice between the zero threshold option and the verbal threshold option. The zero threshold means that accident victims are not limited in their ability to seek noneconomic damages. That includes pain and suffering. The verbal threshold does place a limit on these damages.

Steps to request Family and Medical Leave Act leave

The Family and Medical Leave Act of 1993 (FMLA) is designed to provide certain employees with unpaid leave for qualified medical and family reasons. While many people never consider taking FMLA leave, it's something that others heavily rely upon.

If you're interested in taking FMLA leave, the first thing you should do is determine if you qualify. For example, your employer must have 50 or more employees, and you must have been employed by the company for a minimum of 12 months.

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