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The New Jersey Employment Law Firm Blog

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New Jersey Worker Shortages Offer a Reminder of Employees’ Rights Under Federal and State Law

As the COVID-19 pandemic shows signs of winding down, and New Jersey lifts many of the restrictions that have been in place for over a year, employers across the state report that they cannot find enough workers for their businesses. Some employers, rather predictably, blame expanded unemployment benefits. That might…

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Congress Considers Bill That Would Further Protect Workers’ Right to Organize

Federal law protects workers’ right to organize for the purpose of negotiating with their employers, such as by joining or forming a labor union. Some employers look for creative ways to discourage their employees from organizing. The National Labor Relations Act (NLRA) prohibits employers from interfering with activity related to…

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New Minimum Wage Established for Employees of Federal Government Contractors in New Jersey

The minimum wage is the lowest amount that an employer can pay to an employee under federal and state law in New Jersey, provided that employee is not exempted from laws governing wages and hours of work. The New Jersey Legislature has established a minimum wage for the state that…

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Federal COVID Relief Bill Provides Expanded Paid Sick Leave and Family Leave to New Jersey Workers

The COVID-19 pandemic has had a devastating effect on New Jersey’s employment landscape for more than a year. Congress passed several bills in 2020 intended to help people impacted by the pandemic, both medically and economically. The Families First Coronavirus Response Act (FFCRA), which became law in March 2020, provided…

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New Jersey Teacher Settles Lawsuit with School District Alleging Scapegoating for Censorship Controversy

New Jersey is an “at will employment” state, meaning that employers can fire an employee for any reason, or no reason at all, provided that they do not violate the New Jersey Law Against Discrimination (NJLAD) or other applicable laws or regulations. Private employers are subject to laws like the…

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How the NLRB’s Recent Determination Regarding the Firing of Employees Who Advocated for Better Working Conditions May Affect New Jersey Workers

Workers are often best able to negotiate with their employers for better pay, safer or improved working conditions, and other features of employment when they can do so as a group. Many employers prefer, however, that their employees not do this. Federal and New Jersey labor laws protect workers’ right…

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New Jersey Lawsuits Allege Disability Discrimination Based on Drug Test Results

New Jersey employment laws bar discrimination based on disability. An employer cannot fire an employee or subject them to other adverse actions because of an injury, illness, or other condition that significantly affects their lives. State law uses a broad definition of “disability” that includes physical and mental conditions. Two…

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Bill Pending in New Jersey Legislature Would Restrict Use of Biometric Data by Employers, Others

Employers in New Jersey use increasingly high-tech methods to monitor their employees throughout the work day. Some of these methods raise concerns about employee privacy, especially systems that collect biometric data. “Biometrics” refers to the automated use of physical characteristics to identify individuals. For example, many smartphones give users the…

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Some New Jersey Workers Likely Impacted by Withdrawal of U.S. Department of Labor’s New Rule That Defined “Independent Contractors” Under the FLSA

New Jersey employment laws ensure that employers pay minimum wage to all non-exempt employees, as well as a greater rate of pay for overtime hours. These laws only apply to “employees.” Employee misclassification happens when an employer wrongly classifies an employee as an “independent contractor.” State law has a clear…

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New Jersey’s Recreational Cannabis Law Includes Employment Protections

New Jersey Governor Phil Murphy signed a bill into law in February 2021 that creates a legal framework for the recreational use of cannabis by adults in the state. Voters paved the way for the new law when they approved Public Question 1 by a substantial margin on Election Day…

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