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Overview of Sexual Harassment Sexual harassment is a type of discrimination prohibited by employment laws on both state and federal levels. But when it comes to analyzing human behavior, things can get tricky. What if a fellow employee, manager, or someone else in the workplace says something or commits an action without intending to harass someone? Here is a short guide to sexual harassment in the workplace and how these issues are evaluated. Sexual...

New Changes to DUI Convictions in NJ In August 2019, Governor Phil Murphy enacted a new law that reduces the length of license suspension for first-time convictions of DWI/DUI in New Jersey. The suspension terms have been significantly reduced in favor of an expansion of the mandatory use of an ignition interlock device. The Governor relied upon the idea that the State needed to deter drunk driving without negatively impacting citizens’ ability to take care...

What is Whistleblowing? When an employee makes the decision to “blow the whistle” on unethical or illegal conduct they witness from their employer, the employee faces the risk of retaliation from their employer for the employee’s whistleblowing. Retaliation can be something as simple as receiving undesirable assignments, or can be as severe as termination from employment. The fear of retaliation can keep many employees of good conscience quiet in the face of unethical, illegal, or...

Weapons Offense Overview When a criminal offender commits a crime and a weapon is involved in the commission of the crime, the offender may be subjected to additional or enhanced penalties if he or she is convicted for the crime. Public policy calls for enhanced penalties when crimes involve weapons because of the increased risk of serious injury or death that the presence of weapons pose. Types of Weapons Charges There are multiple examples...

About the Family Medical Leave Act The federal Family Medical Leave Act (FMLA) permits a qualified employee of a covered employer to take an unpaid leave of absence from work to address a medical issue or to care for an immediate family member. The FMLA protects an employee who takes qualified leave from discrimination, retaliation, or wrongful termination as a result of their taking FMLA leave. FMLA leave is available to qualified employees of covered...

On January 2, 2019, Michael Mormando from the Law Firm of Attorneys Hartman, Chartered, was sworn-in as Councilman for Ward 3 in Delran Township. Michael was elected to the position in the general election held in November 2018. He will be serving a four-year term assisting the residents of Delran. While serving as Councilman, Michael will also continue to practice law at Attorneys Hartman, Chartered in Moorestown representing clients in the areas of Employment Law,...

Most people know that employment discrimination on the basis of disability is prohibited. But, not many people know that under both New Jersey Law Against Discrimination (“LAD”) and Federal Americans with Disabilities Act (“ADA”) alcoholism and drug addiction is considered a disability, and that it is therefore unlawful for an employer to terminate or otherwise discriminate against an employee on the basis of the employee’s alcoholism or drug addiction.(1) In determining whether an employer is...

Important changes in New Jersey’s expungement statute went into effect as of October 1, 2018, which dramatically increase the number of people who are eligible for an expungement. Here are the highlights worth noting: You used to have to wait 10 years from the date you completed your sentence to expunge a felony conviction; now you only have to wait 6 years. Note, though, that you still have the same option for an “early pathway”...

As of Wednesday, October 29, 2018, Under the law, covered employees can earn up to 40 hours of paid sick leave per year; Figure out what the “benefit year” is. Under the law, the employer has to establish a 12-month period, known as a “benefit year,” during which you can accrue paid sick time. The “benefit year” must begin the later of either the effective date of the law (October 29, 2018) or...

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