New Jersey’s Equal Pay ActIn 2018, Governor Phil Murphy, of New Jersey, signed the Diane B. Allen Equal Pay Act (Equal Pay Act). The Equal Pay Act has been described as, “the most sweeping equal pay legislation in the nation.” Essentially, the act expands upon equal pay protections in relation to the New Jersey Law Against Discrimination (LAD). The LAD prohibits discrimination and harassment based on actual or perceived race, religion, national origin, gender, sexual orientat

Employee’s Sick Leave and Family Leave RightsNew Jersey has some of the most comprehensive earned sick leave, temporary disability, and family leave laws in the country. Since the emergence of the Covid-19 pandemic, however, employees are in need of extensive sick leave and family leave rights now more than ever. More specifically, parents are in need of extra support where they have childcare issues due to unavailability of caregivers or school closures. Because of this, the

The Dangers of Signing an Employment Arbitration AgreementSince the 1980’s there has been a significant shift in the balance of power within the workplace. As employees lose power, their employers gain more power. This power shift is all due to the Supreme Court’s reinterpretation of the Federal Arbitration Act (FAA). The FAA, when it was originally enacted in 1925, only applied to a narrow range of commercial disputes. In the 1980’s, however, the Supreme Court radically expa

How the NJLAD Protects You Against Employer’s Mistaken Perceptions Under the New Jersey Law Against Discrimination (LAD), plaintiffs no longer need to prove they are actually members of a protected class to pursue a discrimination case, being perceived as a member of a protected class is sufficient. Now, what exactly is a “protected class”? A protected class refers to your race, religion, nationality, sexual orientation, gender identity, disability, marital status, age, etc.

Title: What to Do If Your Employer Has Retaliated Against You In the state of New Jersey it is illegal for an employer to retaliate against an employee. For example, employees are protected from employer retaliation when filing a complaint, reporting workplace safety violations, refusing to commit an illegal act, or reporting illegal activity to an outside authority. If you have been retaliated against by an employer, it is important to know your legal rights unde

How Bill S-121 Further Protects Employees Against Discrimination On March 18, 2019, Governor Philip D. Murphy signed into law Bill S-121. The bill was intended to benefit New Jersey employees by, among other things, amending the New Jersey Law Against Discrimination (NJLAD). N.J.S.A. §10:5-1 . (“NJLAD”), Now, employers are prohibited from requiring their employees to waive statutory rights and remedies for claims of discrimination, retaliation or harassment. Ultimately, Bill

On June 15, 2020, the U.S. Supreme Court made history as they ruled that the 1964 Civil Rights Act (Title VII) protects gay, lesbian, and transgender employees from being discriminated against on the basis of sexual orientation or gender expression. Essentially, this ruling made it federally illegal to fire someone because they identify within the LGBTQ+ community. Prior to this ruling, only 22 states had laws that explicitly prohibited discrimination based on gender identity

Diving Into the Rule of Three The New Jersey Civil Service Commision has enacted the “Rule of Three” to further prevent unlawful discrimination, nepotism, or other types of favoritism in civil service agencies and departments. This law requires that all hiring and promotions be based on merit and demonstrated ability. In order to ensure this, applicants for a job must be judged through an objective examination whenever possible. Following the examination, a list of the three

With the coronavirus pandemic at large, and shelter-in-place rules sweeping the country, many businesses have found themselves being forced to shut down hiring and turning to furloughs or layoffs just to stay afloat. Now millions of U.S. workers are being furloughed as the coronavirus has brought the economy to a virtual standstill and left nearly 25 million people filing for unemployment benefits in the past five weeks. Regrettably, many of these employers are using this opp

NJ: The State of New Jersey has passed legislation that prohibits an employer -- during the ongoing Public Health Emergency and State of Emergency -- from terminating or refusing to reinstate an employee who has, or is likely to have, an infectious disease which requires the employee to miss time at work. An employee who requests or takes time off from work, based on the recommendation of a medical professional, may not be terminated or refused reinstatement if the employee

In these unprecedented times, as healthcare workers and government officials work tirelessly to fight off a serious health threat, another pandemic of its own remains at large. Swiftly and steadily spreading across the United States, Covid-19 brings with it reports of discrimination and xenophobia that several lawyers say they haven’t seen since the aftermath of the Sept. 11, 2001 terrorist attacks. New York City's Commission on Human Rights has reported having to create a CO

New media attention to workplace dynamics has brought questions regarding proper professional behavior. Discrimination includes the act of, or a proposing act of, treating someone unfavorably based on personal characteristics protected by the law. Employees are protected from direct and indirect discrimination throughout their employment. Direct discrimination often happens when an employer or co-worker makes unfair assumptions about a person’s abilities based on certain per

Workplace discrimination is serious – but it’s also tough to handle. For employees who have either been victim to acts of discrimination, the challenge can be knowing the proper steps to ensure compensation, restoration, and justice. In New Jersey, employers are guaranteed both protection from discrimination and a framework through which to pursue their claim. Legal Protections Before you file a claim, it’s critical to understand what constitutes employment discrimination. Un

With the rise of the #metoo movement, sexual harassment and workplace discrimination are finally getting the attention they deserve. While nearly everyone agrees that discrimination at work involves the breaking of boundaries or unfair treatment, it can still be difficult to recognize employee discrimination when it occurs. New Jersey Law Under New Jersey law, employers both private and public are officially barred from discriminating based upon “race, creed, color, nationali

The #MeToo movement has quickly brought issues of workplace gender discrimination and sexual harassment to the fore. Women across America are beginning to share their disturbing stories of unfair treatment and outright sexual assault. While the movement has drawn attention for the shockingly high number of included celebrity voices, gender discrimination and its related issues have a real effect on millions of American women, everyday. In fact, aside from alarming statistics

Even in today’s age of relative enlightenment, employment discrimination is real and should never be dismissed or ignored. If you are an employer, you should be conscious of and committed to treating your employees and prospective employees fairly and equitably. As an employee, you need to know that you have the right to be treated fairly – without regard to any personal identifier, be it race, gender, religion, or almost anything else. Changes for 2017 The Equal Employment

If you become ill, become pregnant, or have a family member who is sick, one of your major concerns may be what will happen to your job if you have to miss work. Fortunately, legislators in the U.S. and in New Jersey have recognized that the need to take time off of work for medical or family reasons may occur and that you do not deserve to lose your job as a result. For this reason, the Family and Medical Leave Act (FMLA) sets out specific rights for certain employees. The f

When you work for an employer, many different laws on the federal and state levels provide many different rights. An employer can yield a significant amount of power over employees who rely on that income to support themselves. For this reason, the law protects employees from employers who may try to take advantage of them in some way. New Jersey employment law covers many different aspects of employment and the following is a brief description of relevant employment laws. W

Discrimination in the workplace is regretfully common in the United States. In fact, according to the Equal Employment Opportunity Commission (EEOC), there were nearly 90,000 charges of employment discrimination filed in 2015. Fortunately for workers, federal and state law prohibit employment discrimination and confer significant legal rights to employees who have been the victims of discrimination. It is important for employees to keep in mind that not every instance of off

With several years of litigation experience and expertise in discrimination, retaliation, and civil rights violations, I was able to successfully win a groundbreaking jury verdict for my client, that will send a message to public agencies and servants that political corruption and discrimination will not be tolerated. My client, a former custodian for the Elizabeth School District, sued the Elizabeth Board of Education, claiming he was fired in retaliation for filing a worke