The New Jersey Wage and Hour Law (WHL) and the New Jersey Wage Payment Law (WPL) require that New Jersey workers be timely paid for all wages earned including, but not limited to, being paid an overtime rate of 1½ times their regular rate of pay for all hours worked…
In New Jersey an employee can prove they were the victim of workplace discrimination in violation of New Jersey’s Law Against Discrimination (LAD) or unlawful whistleblowing retaliation in violation of New Jersey’s Conscientious Employee Protection Act (CEPA) by presenting evidence that an equal or subordinate coworker influenced the employer to…
In East Bay Drywall, LLC v. Department of Labor & Workforce Development 2022 N.J. LEXIS 671 (2022) the New Jersey Supreme Court reaffirmed that an alleged employer must satisfy each element of the ABC Control test to establish they properly classified their workers as independent contractors as opposed to employees. N.J.S.A.…
In Okakpu v. Irvington Bd. of Education, 2022 N.J. Super. Unpub. LEXIS 1297 (decided July 18, 2022), our Appellate Division was asked to decide whether a triable issue was created by the Irvington Board of Education (“IBOE”) stating that one of the reasons it decided not to renew the contract…
Be careful what you post on social media sites on the internet because it may cost you your job. Recently, our New Jersey Appellate Division issued an opinion holding that neither the First Amendment nor Article I, paragraph 6 of the New Jersey Constitution prevents a private employer from terminating…
Our Appellate Division recently made clear it would not be receptive to sex based hostile work environment claims where it is established that the Plaintiff “gave as good as she got” while working in an environment rife with foulmouthed name calling and invectives. In Bouziotis v. Iron Bar, 2022 N.J.…
If you are a New Jersey employee and you overhear or learn secondhand that someone is using offensive language to disparage you or others based on protected class characteristics such as race, age, sex, disability, sexual orientation, etc., you may qualify as a victim of a discriminatory based hostile work…
We congratulate soon-to-be Associate Justice Ketanji Brown Jackson on the Senate vote yesterday confirming her appointment to the Supreme Court of the United States. Justice Brown Jackson, who will be the first woman African American appointed to the Court, is extremely well qualified for the position. Having graduated magna cum…
New Jersey employees compensated on a commission basis maybe considered wage earners who are afforded the same legal protections as hourly or salaried employees under the New Jersey Wage Payment Law (the “NJWPL”). Consequently, when employers fail to pay employees the full value of commissions earned an employer may be…
Retaliatory adverse employment actions are not only limited to termination. If an employer engages in a bad faith or a sham internal investigation against an employee after the employee blew the whistle about conduct, he or she reasonably believed violated the law, was fraudulent, or was contrary to public policy,…