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May 2018 Archives

Are workplace jokes sexual harassment?

Sometimes, when you experience an uncomfortable situation in your workplace, it is not always easy to know if it qualifies as sexual harassment. This is particularly true when it comes to humor in the workplace, which may take many forms depending on your chosen profession, your coworkers and the culture of your workplace. Practically speaking, it is not always possible to win a sexual harassment claim based on an offensive humorous interaction, so you must carefully examine the elements of the experience.

Is it legal to perform work off the clock for an employer?

Most types of work do not permit employers to legally encourage or allow unpaid overtime work . If your employer expects your to work off the clock or even allows you to do so, they may face serious legal liability. Off-the-clock work is generally not legal except for certain kinds of professional and executive workers, or those who work in specific industries. If you are not sure if your own job qualifies you to work unpaid time off the clock, it is wise to look into the specific laws of New Jersey to determine how they may apply to your own experience.

Marijuana's complicated place in employment

New Jersey is one of the majority of states that allows marijuana to be used for medicinal purposes. Like most states where medical marijuana is acceptable, New Jersey does not forbid employers from terminating an employee who tests positive. The tide may be turning, however, as more and more states are allowing people to use marijuana for both medical and recreational purposes.

Can your employer fire you for whistleblowing?

If you see something illegal occur at the workplace, you have a responsibility to report it to the proper authority, known as whistleblowing. However, in many instances, your employer may not want you to report it, and may attempt to dissuade you or punish you for following your conscience. In some extreme instances, an employer may even fire you.

An unusual case of racism in employment

A "typical" case of race discrimination in employment involves the mistreatment of an individual because of his or her race. A black man may be passed over for promotion or lose his job while less capable white colleagues advance. Latino workers are subjected to racist jokes while being paid less for the same work performed by others. Racism of this type in the workplace is disturbingly common.

Do you face pregnancy discrimination at work?

In workplaces in America, it is not legal to discriminate against an employee because of pregnancy. Unfortunately for many expectant mothers, numerous employers still do not properly treat their pregnant employees. It may require legal action against them to remedy the situation and bring justice to the workplace. If you experience pregnancy discrimination in the workplace, you should seriously consider the legal tools available to help you fight back against such behavior.

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Costello & Mains, LLC

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Mount Laurel, NJ 08054

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