The federal Family Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA) are laws that provide protection to employees who need to take unpaid family leave without fear of losing their jobs. There are certain requirements for eligibility under both the federal and state laws. Eligible employees who have been unfairly denied family leave have the right to sue their employer for compliance and possible compensation. Federal Family Medical Leave Act The federal Family Medical Leave Act[…] Read More
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Denying Paid Leave for Religious Holidays
For some individuals, practicing their religious faith can cause conflicts with their work schedule. To observe certain religious holidays or a weekly Sabbath day, a worker may need to request a day off from work or otherwise modify their work schedule. Some employees are denied paid leave in these circumstances. Reasonable Accommodations Both federal and state anti-discrimination laws, including the New Jersey Law Against Discrimination, prohibit discrimination on the basis of one’s religion. Under these statutes, employers must make “reasonable”[…] Read More
New Jersey Wage Theft Act
New Jersey recently amended its wage and hour laws to include increased protections for employees under the new Wage Theft Act. The law increases employer penalties for wage and hour violations, extends the statute of limitations for filing wage and hour claims, and offers enhanced protection from retaliation against employees who file wage and hour claims. The Act makes New Jersey one of the strongest advocates for fair wage and hour compliance in the nation. Under the Wage Theft Act,[…] Read More
Confidentiality and NJ Sexual Harassment Settlements
When Governor Murphy signed Bill S121, the main purpose was to modify settlement agreements and non-disclosure agreements (NDAs) that were part of employment contracts. It bans them from concealing the details of sexual harassment and discrimination claims, along with incidences of retaliation against employees for making them. The bill was signed on March 19, about 10 months after it passed in the Senate. These agreements have been used to prevent accusers from making public their harasser’s names and settlement amounts.[…] Read More
Requesting Reasonable Accommodations
Many individuals living with a disability are unaware of their right to request an accommodation at their workplace under the federal Americans with Disabilities Act (“ADA”) or state laws including the New Jersey Law Against Discrimination (“NJLAD”). Under these laws, employees with disabilities can request assistance or changes to allow them to meet the requirements of their job. Understanding the right to make reasonable accommodations is essential for any individual with a disability seeking employment. Types of Reasonable Accommodations When[…] Read More