Costello, Mains & Silverman, LLCNew Jersey Employment Lawyers | Personal Injury Attorney NJ2024-03-14T12:59:58Zhttps://www.costellomains.com/feed/atom/WordPress/wp-content/uploads/sites/1203717/2023/09/cropped-site-identity-32x32.jpgOn Behalf of Costello, Mains & Silverman, LLChttps://www.costellomains.com/?p=541892024-02-17T15:35:10Z2024-02-17T15:35:10Zstill issues with discrimination at many schools and other educational institutions.
Each facility has an obligation to try to prevent and address educational discrimination. How can schools combat discrimination proactively?
With clear policies
Schools, like any other organization, typically need to maintain policies for the public to review. A school with a firm anti-discrimination policy empowers members of the community to speak up when they notice deviations from that policy. Employees at the school, students enrolled there and even parents of students and invoke an anti-discrimination policy when trying to prompt the institution to take action.
With proper training
Staff members at educational institutions need to understand what constitutes discrimination and how to counter it in the classroom. In fact, educators and other members who support staff may need to learn about their own implicit biases so that they can prevent their personal beliefs from affecting how they treat students from different groups and backgrounds. Older students may also need to have coursework or special presentations that educate them about discrimination.
With proactive responses
Finally, schools and other educational institutions need to react appropriately when someone raises concerns about discrimination. Instead of seeking to simply defend the school, those who receive the report or complaint should initiate a proper investigation.
Thoroughly looking into claims of discrimination and then taking appropriate steps to resolve any discrimination occurring can be of the utmost importance for students and educators alike. Unfortunately, schools do not always fulfill their obligation to promote a discrimination-free educational environment.
Sometimes, it is necessary for educators, parents or students to speak up and possibly even take legal action to combat educational discrimination. Initiating a lawsuit can force an educational institution to review policies and make changes that could better protect students who have faced discrimination there. Concerned parties can call Costello, Mains & Silverman, LLC at any time for more information.]]>On Behalf of Costello, Mains & Silverman, LLChttps://www.costellomains.com/?p=541472023-12-19T15:34:14Z2023-12-19T15:34:14ZWhether out of necessity due to staffing problems or out of a desire to keep their overhead as low as possible, a lot of workplaces operate with very minimal staffing. As a result, many employers ask their employees to stay “on call” while they’re on their lunch breaks – or just work right through while eating lunch at their desks.
Those “working lunches” might not be a problem if the employees were paid – but they’re usually not, and that’s a violation of the Fair Labor Standards Act (FLSA).
The issue is particularly problematic when it comes to automatic time deductions
Long gone are the days when paper time cards or sign-in/sign-out sheets were kept. Most companies now use some kind of automated time-keeping system that makes it easier to manage their payrolls.Unfortunately, those systems use automatic deductions for an employee’s meal break, even when the employee doesn’t get to take them. Under the FLSA’s guidelines, non-exempt employees are entitled to compensation for all their work time. An employer doesn’t have the leeway to ask an employee to work through their lunch or stay glued to a pager or walkie-talkie without paying them for it.A ruling by the U.S. Department of Labor recently underscored this point. The North Sunflower Medical Center’s use of automatic deductions for its employees was ruled illegal because the employees – all medical workers – were often required to work through their breaks. Another lawsuit has been filed against the Charleston Area Medical Center for similar wage and hour abuses, and it seeks to be declared a class action case on behalf of all affected employees.Because this is a widespread issue, many employees who are routinely deprived of their fair wages don’t even realize that their employer is doing anything wrong – and employers often try to pressure employees into just accepting the status quo without complaint. If you believe that you’ve been deprived of your fair wages and your employer simply isn’t open to communication on the issue, it’s probably best to seek legal guidance.]]>On Behalf of Costello, Mains & Silverman, LLChttps://www.costellomains.com/?p=540332023-10-19T21:17:26Z2023-10-19T21:17:26ZTypes of wrongful termination
One of the most common forms of wrongful termination is discrimination. It occurs when an employee is fired due to mistreatment rooted in a protected classification, such as race or sex. Federal and state laws prohibit such discriminatory actions, and employees who believe they were terminated due to discrimination may have grounds for a lawsuit.
Retaliation is another reason that workers experience wrongful termination. If an employee is terminated as a form of retaliation for actions such as reporting workplace harassment, safety concerns or participating in legal activities, that effort is a violation of their right to engage in legally-protected activity.
In cases where an employment contract exists, wrongful termination can occur when an employer violates the terms of the agreement. If the contract stipulates that the employee can only be terminated for cause, and they are fired without justifiable cause, it constitutes a breach of contract.
Consequences of wrongful termination
Wrongful termination can result in severe consequences for both employees and employers. It can lead to costly legal battles, damaged reputations and financial repercussions. Employees who have been wrongfully terminated may seek compensation for lost wages, emotional distress and legal fees. For employers, wrongful termination lawsuits can result in financial losses, damage to their reputation and potential legal penalties.
Employees should be well-informed about the various aspects of wrongful termination so that they can take legal steps to help protect their interests if the need arises. Seeking legal guidance can help to provide this clarity.]]>On Behalf of Costello, Mains & Silverman, LLChttps://www.costellomains.com/?p=538632023-07-28T07:28:43Z2023-07-28T07:28:43ZNew Jersey WARN Act. WARN is an acronym for “Worker Adjustment and Retraining Notification.”
How has the WARN Act been expanded?
The law applies to businesses with at least 100 full-time employees when a layoff involves at least 50 employees if that business has been operating in New Jersey for at least three years. Those employees don’t have to work at the same location if a business has multiple locations throughout the state.
These are two key components of the new law:
Employees must get a minimum of 90 days’ notice. That’s 30 days more than was previously required.
Both part-time and full-time employees must receive severance pay totaling a week for every year they’ve worked for the company. Part-time employees weren’t previously guaranteed severance.
Companies that fail to comply must provide impact employees with an additional four weeks of severance pay.
“Exploiting bankruptcy laws”
Businesses are not shielded from the law if they’ve filed for bankruptcy, which often involves large layoffs. As the lawmaker behind the changes to the WARN Act says, "Companies and hedge fund managers have been exploiting bankruptcy laws to protect their profits while workers lose their jobs, their paychecks and severance pay. The workers were left in the dark and cheated out of deserved compensation while the companies were pillaged for their resources….”
Most people who have been in the workplace for a number of years have experienced at least one mass layoff. If you’re among them, it’s crucial that you understand what your rights are. Don’t rely simply on what your employer tells you – particularly if it doesn’t seem fair. Be sure you understand the law. That may involve seeking legal guidance if you believe your employer isn’t abiding by their obligations and honoring your rights.]]>On Behalf of Costello, Mains & Silverman, LLChttps://www.costellomains.com/?p=538422023-04-20T21:36:03Z2023-04-20T21:36:03Zone report put it: “An estimated 48.6 million Americans, or about 30% of the workforce, are bullied at work.”
This can be very frustrating for employees, and it can create a hostile work environment. This is especially problematic if the bullying is based on someone’s inherent qualities, such as their gender or their ethnic background. There are a few different ways that this bullying tends to happen and reasons that it takes place.
Expressing anger directly
First of all, bullying is sometimes a direct expression of anger, perhaps as a means of “motivating” an employee. For example, a boss who is frustrated with an employee’s performance may yell at that employee and berate them in front of everyone else. The boss could just be angry about how the business hasn’t been doing well and taking it out on someone. They could also be trying to project that the issues at the business are this employee‘s fault and not their own. Reports have said that, in about 65% of bullying cases that are reported, it is an authority figure who is at fault.
Passive aggression and power subversion
In other cases, bullying is a form of trying to subvert someone’s power. For instance, maybe one employee knows that their own results have not been very good lately. A new employee has been doing much more for the company and getting far better results. The more established employee is afraid that this person will take their job or simply reach a higher standing in the company than them. They may bully this person to try to force them into submission, and this is sometimes done in a passive-aggressive manner. For instance, they could spread rumors about this individual within the office
No matter how bullying happens, employees do not deserve to be treated this way. They need to make sure that they know about all of the legal options they have when facing harassment and discrimination. Speaking with a legal professional is usually an effective first step forward.]]>On Behalf of Costello, Mains & Silverman, LLChttps://www.costellomains.com/?p=537362023-09-29T16:10:43Z2023-03-08T15:39:29ZMediation is not appropriate for every scenario, but it is highly effective in resolving conflicts between parties, especially when the parties want to preserve the business relationship.
What is mediation?
Mediation is a form of alternative dispute resolution (ADR). It occurs outside the courtroom, although the parties can hire attorneys to help them during the mediation.
A neutral third party (the mediator) facilitates a conversation. He or she provides structure intending to find a solution between the parties.
Mediation is highly effective. It allows the parties more control over the conflict; it is non-adversarial, cost-effective and less time-consuming.
It is also a private way of solving disputes. The entire mediation is confidential from start to finish, and a mediation agreement can be legally binding.
Is mediation right for me?
In answering this question, you and/or your counsel should evaluate the seriousness of the accusations, both parties’ willingness to solve the issue, and whether this is the kind of problem-solving you prefer.
Mediation is highly effective when the parties involved participate in good faith and want to reach a reasonable agreement. When the parties understand that they will walk away from mediation having given some and received some.
Mediation is not for every case, and it is not for every person. When it works, though, it is an extraordinary tool for conflict resolution.]]>On Behalf of Costello, Mains & Silverman, LLChttps://www.costellomains.com/?p=537352023-03-07T22:49:41Z2023-03-07T22:49:41Za major victory for temporary workers" in the Garden State. Among the changes contained in the law:
Temp workers may earn at least the average rate of pay and equivalent benefits as employees for performing the same or similar work on jobs of equal skill, effort and responsibility.
Temp workers will have the right to request biweekly paychecks to avoid unnecessary check-cashing fees.
A ban on wage deductions for meals and equipment to the extent that such deductions would put the worker under the minimum wage.
The Bill of Rights will also more closely regulate how temp agencies operate. State departments like the Department of Labor and Workforce Development and the Division of Consumer Affairs will have greater oversight of these businesses' practices. Also, temp agencies can no longer restrict a worker from accepting a job with another agency or permanent employer. The Bill of Rights also specifically prohibits retaliating against a worker, such as by firing them, for exercising their legal rights.
Enforcing your rights as a New Jersey worker
Expanding workers' rights is good for everyone who earns a paycheck in New Jersey. But most of the time, you must enforce these rights yourself, whether through a complaint to the appropriate government agency or litigation.]]>On Behalf of Costello, Mains & Silverman, LLChttps://www.costellomains.com/?p=536972022-12-01T19:59:31Z2022-12-01T19:59:31ZThey delay the actual discharge
Most businesses know better than to fire someone the same week that the worker reported possible embezzlement by a manager or a pay disparity between the sexes in their department. Instead, they will try their best to obfuscate the true cause of the firing.
Many companies will use progressive discipline as a means of hiding the true reason that they want to sever an employment relationship.
How progressive discipline works
Depending on your employment contract and the situation, there may be two different approaches employed by a company hoping to justify what is truly a wrongful termination. The first involves write-ups or verbal discipline for minor rule infractions.
If the company starts enforcing rules against you that they historically don't enforce against anyone else, that is a warning sign that they may want to take further action against you. Multiple infractions will give the company justification on paper to terminate your employment even when the motivation was really a complaint that you made to human resources or an accommodation you requested.
There is another version of the same process that involves giving someone poor performance reviews. If your boss suddenly takes issue with how you do your job but your job performance has remained the same, those poor reviews could potentially be a cover for an upcoming wrongful termination.
Those who recognize that their employer may have violated their rights sorry may have grounds to take their employer to court and either get their job back or seek financial compensation for the impact of the termination. Learning more about wrongful discharge can help you determine if your employer may have violated your rights.]]>On Behalf of Costello, Mains & Silverman, LLChttps://www.costellomains.com/?p=532872022-07-27T22:22:25Z2022-07-27T22:22:25Zsalaried workers should work between 35 and 40 hours when working full time. That being said, is it still allowed for your employer to ask you to work more without giving you overtime? When does extra work become unreasonable?
You might be entitled to overtime in some cases
A typical workweek is between 32 and 40 hours a week depending on where you are and who you work for. If you’re working more than 40 hours a week, you may be entitled to overtime compensation.
According to the Federal Labor Standards Act, salaried employees have to earn over $35,658 (or $684 weekly) to be exempt from receiving overtime. They must earn a weekly salary and be in certain industries to be exempt from overtime, too, such by working in science, engineering, outside sales or administrative roles.
If you work over 40 hours a week and qualify as a non-exempt worker, then you should receive your salary as well as overtime pay.
What if you’re an exempt employee? Is overtime still fair?
Technically, you do need to work the hours assigned to you, and overtime will go unpaid. However, it is a good idea to track your hours. If you’re regularly going over 40 hours, you may want to sit down with your employer to talk about how much work you have and how it has increased from before you went to a salary role.
Federal law doesn’t specify a limit on the hours you can work on salary. However, there may be state laws in place to protect you. Additionally, if your compensation is working out to less than minimum wage per hour when your hours are added up, you may be able to take action.]]>On Behalf of Costello, Mains & Silverman, LLChttps://www.costellomains.com/?p=526412022-03-15T22:14:13Z2022-03-15T22:14:13ZU.S. Soccer Federation that agrees to pay women and men an equal rate during all tournaments and friendlies. That includes the World Cup.
A landmark settlement for fair pay
This settlement is a landmark settlement because there has long been a discrepancy between what men’s and women’s teams are paid in athletics. This settlement comes years after a lawsuit filed by five of the U.S. Women’s National Team players in which they complained that they were not treated or paid equally to their male counterparts.
The agreement, which was made for $24 million, will back pay many players who were owed money based on their unequal treatment.
This isn’t the only lawsuit facing the U.S. Soccer Federation
The U.S. Soccer Federation also faced another claim against them when the USWNT filed a lawsuit in 2019 that claimed that there was ongoing and institutionalized gender discrimination against women in the sport.
How significant was the disparity in pay?
It has been known for many years that men and women have been paid differently in sports. FIFA awarded $400 million to the men’s teams who went to the 2018 World Cup. Comparatively, the women’s teams were awarded only $30 million.
If you do the same job, you should receive the same pay
This situation is an excellent example of how you should be paid the same for doing the same work. When you have a history of doing good work but are paid much less than men doing the same work with the same or less impressive backgrounds, then you may have an opportunity to pursue a claim and seek fair compensation from your employer.
This news is a major change in sports, so it’s hopeful that more athletic groups and teams will be paid appropriately in the future.]]>