Do you feel like you’re being discriminated against at work? Are you the victim of harassment? New Jersey has strict laws in place to protect its workers.
These are some of the most common employment law issues we work with regularly:
Discrimination
Both the U.S. and New Jersey protect employees from discrimination based on certain protected categories. State and federal laws prohibit employment discrimination based on things like:
- Age
- Sex
- National origin
- Nationality
- Gender
- Religion
- Color
- Gender identity
- Ancestry
- Sexual orientation
- Disability
- Pregnancy
This isn’t a complete list of protected categories. Check with the United States Equal Employment Opportunity Commission (EEOC) to learn more about protected categories.
Harassment
The Fair Employment and Housing Act (FEHA) protects employees from harassment based on the above categories. Employment harassment may include any unwelcome conduct based on an employee’s race, gender, color, sexual orientation, or any other qualified and protected category. Harassment may be verbal or physical.
Minimum Wage Issues
Federal and state laws require all employers to meet or exceed the minimum wage requirements. The current minimum wage requirement in New Jersey is $13 per hour as of January 1, 2022. New Jersey plans on raising this to $15 per hour by 2024. Employers who pay employees less than the state’s minimum wage may be penalized.
Wrongful Termination
Employees are protected from discrimination and harassment in the workplace and unfair termination. An employer cannot terminate an employee based on any of the protected categories, including age, gender, sexual orientation, or disability. New Jersey also has whistleblower protection laws. This means an employer can’t fire an employee for reporting unfair treatment.
Overtime Miscalculation
New Jersey doesn’t only have laws on minimum wage but also overtime payments. All New Jersey non-exempt workers must be paid at least one and a half times their regular hourly rate for any hours that exceed the 40-hour work week. Employers who fail to do this can be penalized and forced to pay the difference.
Salary Miscalculation
There are distinct differences between employees’ and contractors’ laws and payment requirements. Employers who improperly categorize these may be fined. For example, an employer may claim an employee is a contractor to avoid paying benefits or overtime but then prohibit them from working with other businesses.
Family and Medical Leave Act Disputes
The Family and Medical Leave Act (FMLA) provides employees with up to 12 weeks of unpaid leave per year. Employers cannot legally terminate the employee’s position during this time. They also can’t punish them for using this time, as long as they use it for an approved purpose, such as the birth or adoption of a new child.
All New Jersey employers are expected to follow both state and federal laws. You may have a case if you’re the victim of unfair treatment, either in the form of discrimination or miscalculation of owed compensation. Discuss your case with an employment law lawyer to learn the available options. It’s possible that your employer may owe you back payment and additional compensation.
An employment lawyer can also help you report the employer to the right place. This helps to protect other employees from similar discrimination or unfair treatment.
Contact a Moorestown Employment Lawyer to Discuss Your Case in New Jersey
Were you unfairly discriminated against in New Jersey? State and federal laws protect you from discrimination and harassment. Right now, you need an aggressive attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Attorneys Hartman, Chartered represent clients unfairly treated at work in Moorestown, Medford, Cherry Hill, Marlton, and throughout New Jersey. Call 856-393-6073 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 68 E. Main Street, Moorestown, NJ 08057.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.