EMPLOYEE RIGHTS LAW
There are numerous federal, state and local laws and regulations that protect employees from unfair and discriminatory practices in the workplace. Below are some of them. You can also click on the following pages to learn more about a specific type of employment law: FMLA ~ Wrongful Termination ~ Harassment ~ Disability ~ Age ~ Retaliation ~ Race Gender ~ Pregnancy ~ Religion ~ Failure to Promote ~ Sexual Orientation ~ Whistleblowers. Please note that there are many other laws and state common law doctrines that may be relevant to your situation. To discuss your individual situation and the claims you might have, please contact me.
AMERICANS WITH DISABILITIES ACT
The ADA prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees. To learn more about what constitutes a disability and what accommodations employers are required to provide to workers with disabilities, check out the Equal Employment Opportunity Commission's ADA page here. To get an idea of the ful scope of ADA protections beyond the employment context, visit the ADA information page here.
AGE DISCRIMINATION IN EMPLOYMENT ACT
The ADEA protects people 40 years of age or older from discrimination in the workplace or when applying for jobs. The ADEA further protects workers from retaliation for openly opposing discriminatory practices based on age or from cooperating with or participating in litigation under the ADEA. The ADEA covers employers with 20 or more employees, including state and local governments. To learn more about your rights under this federal statute, check out the EEOC's ADEA page here.
FAMILY AND MEDICAL LEAVE ACT
The FMLA provides that employees may take 12 weeks of unpaid leave from their jobs when they have a serious medical condition or must care for a family member with a serious medical condition. The FMLA only applies to employers with 50 or more employees and employees must meet certain conditions to be eligible for leave. An employer must not retaliate against an employee for exercising his or her rights under the FMLA. New Jersey also has a similar statute, the New Jersey Family Leave Act, which provides different but related rights to employees. To learn more about employee rights and employer requirements under the FMLA, visit the Department of Labor's FMLA information page here.
FAIR LABOR STANDARDS ACT
The FLSA requires that employers pay employees a certain minimum wage and pay certain "non-exempt" employees overtime at the rate of one-and-one-half-times their regular rate of pay. Employers regularly violate this rule by classifying employees who should be non-exempt as exempt to avoid paying them overtime wages. Other employers violate the FLSA when they offer employees "comp time" instead of paying the required overtime. To learn more about employee rights and employer obligations under the FLSA, visit the Department of Labor's page on the topic here. If you are not being paid the minimum wage or work more than 40 hours per week without receiving overtime pay, you should contact an attorney to discuss your rights. Click here to contact me.
THE CIVIL RIGHTS ACT OF 1964
Title VII of the Civil Rights Act of 1964 protects employees and job applicants against discrimination on the basis of sex (including pregnancy), race, color, national origin or religion. Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals on the basis of prohibited characteristics. Title VII covers employers with 15 or more employees, including state and local governments. To learn more about the types of discrimination prohibited by Title VII, visit the Equal Employment Opportunity Commission here.
NEW JERSEY'S LAW AGAINST DISCRIMINATION
In addition to providing some of the same protections afforded under federal law, New Jersey's LAD is a comprehensive civil rights statute that protects employees from discrimination based on some characteristics not protected under federal law. One important example is an employee's sexual orientation. Another is an expanded range of disabilies (such as obesity - "fat discrimination"). An employee's rights and protections under the LAD are often greater than under federal law and those who feel they have been unfairly treated in an employment context should look closely at this statute. To learn more, visit the New Jersey Division on Civil Rights here.
NEW JERSEY'S CONSCIENTIOUS EMPLOYEE PROTECTION ACT
There are numerous federal and state laws that protect "whistleblowers" who report unfair or illegal practices of their employers, of which New Jersey's CEPA law is just one. CEPA provides that employers may not retaliate against workers who disclose (or threaten to disclose) practices of the employer that they believe are violations of the law. CEPA also protects employees who refuse to participate in unlawful or fraudulent activities or those that may harm the health, safety or welfare of the public. Employees must be careful in asserting their rights under CEPA, as certain steps are necessary to ensure protection under the law. If your employer asks you to do an act you feel is illegal or against public policy, it is important to contact an attorney as soon as possible.
NEW YORK'S HUMAN RIGHTS LAW
The NYHRL provides that it is unlawful for employers to discriminate against employees or job applicants on the basis of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics or marital status. To learn more about employer obligations and employee rights under the NYHRL, or to explore protections in non-employment contexts, visit the New York State Division of Human Rights here.
In addition to the above laws, there are many other laws that protect employees. Some of these are the Civil Rights Act of 1866 and the Civil Rights Act of 1871 (commonly referred to as Section 1981 and Section 1983), the New Jersey Civil Rights Act, New York City's Human Rights Law and the common law torts of intentional infliction of emotional distress, defamation, slander and breach of contract. To learn more about these laws and how they might apply to your situation, please contact me.
This website is intended for information purposes only. Nothing herein should be considered legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship.Whether you're janitor, a teacher, a C-level executive, whether you trace your roots back to George Washington or you're a recent immigrant, whether you're devoutly religious, gay, lesbian or transgendered, young in age, or just young at heart - you deserve to be free of employment discrimination, sexual harassment, wrongful discharge, illegal firing and all other unfair labor practices. Workers have rights on the job! I am an attorney for employees in New Jersey helping whistleblowers (those who report employer fraud and unlawful practices), employees who have been discriminated against, those who have experienced unjust retaliation and many other employees and independent contractors get the justice they deserve. Unfortunately, some employers still discriminate against, harass, unlawfully terminate and subject employees to a hostile work environment based on disability, pregnancy, age, race, national original, religion, sexual orientation, exercising FMLA rights, failure to pay overtime and standing up for what is right. Fortunately, federal and state laws protect people against violations of these civil rights. Contact an employment lawyer to learn more.
Through use of the latest in legal technology, I represent victims of unfair employment practices in all counties in New Jersey, including Burlington County, Essex County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Somerset County and Union County. I am a lawyer for employees in the towns and cities of Annandale, Bridgewater, Camden, Clinton, East Windsor, Elizabeth, Flemington, Frenchtown, Irvington, Jersey City, Lawrenceville, Milford, Newark, New Brunswick, Paterson, Princeton, Somerville, Stockton, Trenton and many others.
