NJ State auditor concluded:
Individuals do not meet the requirements of Section 19(I) (6) (A) (B) (C).
As such payments to such individuals are determined to be taxable for New Jersey UI/DI/FLI taxes.
My Sub-contractor is an employee of your business entity. He must be on... View More 
answered on Sep 14, 2023
Under New Jersey law, a worker is considered an employee unless an employer can satisfy all three of these criteria:
1. Such individual has been and will continue to be free from control or direction over the performance of such service, both under his contract of service and in fact;... View More
I know someone in another country who is a mechanical engineer with 5 years experience. He is willing to work in his field but will also consider an unskilled job since it might be difficult to get an H1B visa in his field in the US. How does he find the dirty jobs that often go unfilled in the US... View More
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answered on Sep 3, 2023
To find employment in the U.S., your friend has multiple visa options such as H-1B for specialized employment, or H-2B for seasonal or temporary non-agricultural work. For jobs that are often unfilled, employers who are open to hiring foreign workers may petition for H-2B visas. Networking, online... View More
I am on a “probation” period as all newer employees are, but it doesn’t seem right to refuse to pay you for a holiday, make you stay home, and not give you work if you asked so you can get paid 40 hours that week.
answered on Jul 8, 2023
Welcome to the workforce. You will find that many situations are not favorable to the employee. The law provides you with certain guaranteed rights, like minimum wage, some states require a minimum amount of paid leave for illness. But most scheduling is up to your employer, and he sees the... View More
answered on Jun 8, 2023
I would need more information but technically, if you are an hourly employee and work more than 40 hours in a week, you are entitled to time and a half.
If teleworking would be a reasonable accommodation for an individual, is it legal for a prospective employer to not consider that individual for candidacy because of said accommodation?
Example: if a job applicant meets qualifications, but would need to work remotely as an accommodation for... View More
answered on Jun 7, 2023
Employers do not necessarily have to accommodate employees by letting them work remotely. It depends in part on the business of the company, the position, and how the rest of the company operates.
I have MS and need to leave my job early 1x a month to get a medical infusion with my medications. This week, a member of the dispatch team announced Via email that I was leaving early for an infusion. This went to over 10 of my coworkers. Is this something that I can seek action on against my... View More
answered on Jun 1, 2023
It is unlikely that your employer is a "covered entity." If it is, and there have not been repeated violations, it is possible your employer could be subject to a fine for disclosing this information. Depending upon the facts and circumstances, including whether the covered entity... View More
He paid for my school and agreed verbally to sponsor me to get my plumbing license. Seven years later he’s refusing to fill out the apprenticeship certification for me. Is it possible to sue for lost wages for what I would have been making as a licensed master plumber?
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answered on May 25, 2023
There is an insufficient factual basis to answer your question. Without knowing the reasons why he will not fill out the apprenticeship certification it is impossible to answer your question. You are probably going to require a consultation with an experienced attorney to determine what options you... View More
My mother was retired receiving pension from the state of NJ when she passed. By law, I, her benefiary was supposed to continue to receive her pension; however, I am being denied because I am incarcerated.
NJ revised statute Section 43:1-2 - Suspension of right, or disqualification, during... View More
answered on May 23, 2023
This doesn't sound like an employment law question to me. I would suggest that you consult with a New Jersey - Criminal law attorney regarding your rights.
They want to write me up for missing a call at 2 am and I never even agreed to accept the phone they made us take it
answered on May 24, 2023
If you do have a contract with your employer, contact an employment law attorney for review of the details. If you are an at-will employee, the job descriptions and the expectations for your job can change at any time, in which case, you would have to either find a new job, or adapt to the new... View More
I just want to know if that sounds right, we are expected to answer at any point and time and phone has to always be charged I never signed anything to be on call it just ended up being thrown onto me
answered on May 24, 2023
It is legally correct that you should be compensated for hours worked only. However, this is something that both the employer and the employee should be clear on what’s expected. Must you stay within a certain radius of your workplace when you’re on call? Are you required to answer calls at all... View More
Have at will contract. Employee has not taken leave and is doing most tasks but not this key one. Has provided dr note restricting activity while under medical evaluation. Small business and other staff can't sustain continuing to take on this extra work which is physically demanding.
answered on May 9, 2023
You would have to engage in the interactive process set forth in EEOC guidelines.
You will need to determine if this is a permanent or temporary job restriction.
I worked there for 3 days and left the minimum wage in nj is higher than 12.75 what can I do?
answered on Apr 9, 2023
You can file a complaint with the NJ Department of Labor division of wage and hour
I work around majority male co workers making me the only female who works nights, and one female identifies as male. I did not know a male was in there until I heard a noise and checked.
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answered on May 2, 2023
It is generally considered inappropriate for a male coworker to use the women's restroom if there are males restrooms available and empty. If a male coworker uses the women's restroom in the presence of a female coworker without a valid reason, it can create a hostile work environment and... View More
Managers told us HR needed updated drivers licenses and passports. When asked why no answer other than it was needed was given. I went to HR to get an answer and was told because of audit. I was fine with the answer, but received a message from my manager saying they never said I could go to HR and... View More
answered on Mar 30, 2023
They really have no basis to prevent you from speaking to HR. They may referring to the chain of command. But i don't see why you can't call HR directly.
I recently was told that it is illegal to make guests who pay in cash, pay credit card fees. I had nothing to with the terms of agreement between the bank and owners. Why would I be responsible for those fees?
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answered on Mar 15, 2023
I do not necessarily disagree with attorney Dillon, but I think you were asking whether your employer can use your tip money to pay the credit card fees... and in my opinion, the answer is NO:
"...an employer is prohibited from using an employee’s tips, whether or not they have taken... View More
I am interested to better understand the restrictions that some remote jobs have regarding the states where they can hire employees. I live in NJ, but a Company that I'm interested in cannot hire employees in this state.
I've read that companies are restricted due to tax and legal... View More
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answered on Mar 8, 2023
I have no idea why this company would preclude you from working in New Jersey. A significant amount od addition information would be required to get an understanding of your situation. Good luck.
I work at a chemical plant and fire retardant clothing is required. I change in the company locker room. They also launder the soiled uniforms
answered on Feb 24, 2023
Unless you are a union member or work in an agency shop and the union has negotiated a collective bargaining agreement that provides your employer does not have to pay you for the time spent changing into the required clothing, an employer must pay you for the time you spend changing into required... View More
What can I do I feel this is just not right it’s bad enough I have to be paid under the table but for him to tax my pay for his taxes he is responsible for
answered on Feb 16, 2023
You should report your employer to the Department of Labor.
Seems like I'm being "squeezed" out. Having issues w my manager and asked her about looking into an amicable mutual separation. After this I was told my choices are to resign w 3 weeks notice no severance applicable (11 years of service) or continue on under a PIP for the next... View More
answered on Jan 20, 2023
It is important not to quit in NJ if you want to be eligible for unemployment.
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