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New Jersey Employment Law Questions & Answers
2 Answers | Asked in Employment Law for New Jersey on
Q: Am I required to hold an emergency/on call phone when my employee contract never stated one ?

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

Eva Zelson
Eva Zelson
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... Read more »

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2 Answers | Asked in Employment Law for New Jersey on
Q: my job requires us to be on call for a week at a time. We are only compensated for time+.5 for hours worked not waited

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

Eva Zelson
Eva Zelson
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... Read more »

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1 Answer | Asked in Employment Discrimination, Sexual Harassment and Employment Law for New Jersey on
Q: Can a male coworker use the women’s restroom if there’s males restroom available/empty and female coworker is in there?

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.

James L. Arrasmith
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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... Read more »

2 Answers | Asked in Employment Law for New Jersey on
Q: I work in NJ as a server/bartender. Is it legal to make the servers pay the credit card fees of the restaurant?

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?

Peter J. Weinman
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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...
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3 Answers | Asked in Employment Law for New Jersey on
Q: Does my employer have to pay me to change into and out of a required, fire retardant uniform

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

Paula M. Dillon
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Paula M. Dillon
answered on Feb 24, 2023

This will depend on whether you are a union member in which case you should look at the collective bargaining agreement.

In your situation, where you're required to where the fire retardant clothing bc the job requires it, the taking off and putting on "donning and doffing"...
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3 Answers | Asked in Employment Law for New Jersey on
Q: Does my employer have to pay me to change into and out of a required, fire retardant uniform

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

Paula M. Dillon
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Paula M. Dillon
answered on Feb 24, 2023

This will depend on whether you are a union member in which case you should look at the collective bargaining agreement.

In your situation, where you're required to where the fire retardant clothing bc the job requires it, the taking off and putting on "donning and doffing"...
Read more »

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3 Answers | Asked in Employment Law for New Jersey on
Q: Does my employer have to pay me to change into and out of a required, fire retardant uniform

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

John Michael Frick
John Michael Frick
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... Read more »

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2 Answers | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: I am looking for support for an ADA issue I am dealing with at my workplace, regarding an ADA accommodation denied

I am asking to work remote 5 days per week. We already are remote 3 days per week. I have provided several doctor's note about my disability in hopes they would accommodate something that 1. we already do more than half the week and 2. the entire company did during COVID which proved remote... Read more »

Eva Zelson
Eva Zelson
answered on Dec 21, 2022

Your employer is not obligated to grant your disability accommodation exactly as you requested. However, they are obligated to engage in an active dialogue with you to reach an agreement that will work for both parties. If your employer is refusing to engage in a dialogue with you, contact an... Read more »

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1 Answer | Asked in Employment Law for New Jersey on
Q: Can an employer require me to sign a non compete agreement after I have already resigned? I am in food services.

The business owner is threatening to withhold my wages of about $1,000 if I do not sign.

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin
answered on Oct 21, 2022

An employee cannot withhold an employee's check for this reason in NJ. If this occurs you should file a wage claim with NJ Department of Labor. An employee has no obligation to sign such a document after resignation.

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for New Jersey on
Q: I have a complaint against my employer for harassing me through text messages calling me names and stalking my house.

I need to know what the exact statutes are in the state of NJ and details to file the claim. I’m also not sure if I can file other complaints about her?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 30, 2022

We are not allowed to give you specific legal advise on this website or for that matter anywhere on the internet. Just like a doctor cannot tell you how to perform an operation. What I can tell you is that the general statute for harassment in NJ is 2C:33-4. If you need specific information on... Read more »

1 Answer | Asked in Employment Law and Contracts for New Jersey on
Q: How can I get out of a 72,000 expense reimbursement contract from my employer?

My employer detailed a $6,000 a month x 12 month training cost that required 24 months of work upon completion of the program otherwise repayment for the uncompleted months. Research shows the training program used did not cost 72k and my training did not last 12 months, only the “orientation... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 13, 2022

More information is needed here - you should contact a New Jersey contract attorney to discuss your situation in greater detail. Repayment terms are generally enforceable to the extent they fairly approximate the value of what your employer paid for. However, the longer you've worked with the... Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: Can an employer notify an employee 5mins before a double shift starts that their shifts have been canceled indefinitely

These two shifts that were terminated on 5 minutes notice made up half of the employee's weekly income as an Emt-b in the state of NJ.

Reason cited for terminating shifts were for "budgetary purposes" when clearly it is not.

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 6, 2022

Employers have a lot of discretion regarding changes to work schedules, and there are no laws that require employers to offer a certain amount of hours, so your employer's actions are not inherently unlawful. However, if you believe your hours have been reduced based on a discriminatory animus... Read more »

1 Answer | Asked in Contracts, Employment Law and Education Law for New Jersey on
Q: I am a teacher for over 14 years my sick days rolled over and they decided to pay for future sick days and my previous

sick days were not paid. I went to the principal and the board, nothing came out of it. Is there anything I can do about the previous sick days? I worked for a charter school.

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 20, 2022

Federal law does not require employers to offer any form of paid time off - you need only be paid for the hours you actually work. Thus, employers have a lot of discretion regarding changes to PTO policies. However, if you have an employment contract with the school, you should see if any language... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for New Jersey on
Q: Can a new jersey public school rescind my job offer as a substitute per diem teacher due to a positive thc drug test?

My drug test came back positive, but I still don't know specifically for what. It could be the medication I am on or the thc from smoking. I have no idea which one came up. They gave me an offer and I was going through the on-boarding process when they sent me a random email saying I have been... Read more »

Leonard R. Boyer
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answered on Jun 24, 2022

Yes, just because certain drugs are taken by prescription or if they have been legalized does not mean that an employer has to hire you. I do not believe that they are required to indicate what drug or if that makes any difference whatsoever. Good luck and try some place else.

1 Answer | Asked in Contracts and Employment Law for New Jersey on
Q: Do I still have to pay back a signing bonus if the clause does not specially say I need to?

The clause says “In appreciation of your full time

employment, a $10,000 bonus will be paid, with the understanding and agreement that you will work at [business name] for a year. A 1099 will be issued against this payment.” There is no language specifying repayment and I was a W2... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 22, 2022

You should have your full agreement reviewed by a New Jersey contract attorney to determine your rights and obligations under the agreement. There may be other portions of your agreement that alter or change the terms of the clause you listed, so a review that is limited to a specific clause in an... Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: Question, is it legal an employer to put cameras with audio in the workplace without us knowing he did so
Rhiannon Herbert
Rhiannon Herbert
answered on Jun 15, 2022

Generally yes. These actions may be considered improper if you have an "expectation of privacy" in the area, but workplace common areas generally do not provide the "expectation of privacy" necessary to form a claim.

1 Answer | Asked in Car Accidents, Employment Law and Personal Injury for New Jersey on
Q: A county roads employee being sued for injury damages from an MVA while at work. Is he entitled to indemnification?

The county (employer) disciplined the employee. It’s not his first accident. The county denied intent to legally represent and/or indemnify.

Stuart Nachbar
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Stuart Nachbar
answered on Jun 14, 2022

I believe the employee, if accident occurred while in his employment, would be entitled to coverage from the county. I recommend filing a title 59 notice if you are the Plaintiff. The time for this to be done is short, so speak with counsel.

1 Answer | Asked in Employment Law for New Jersey on
Q: Fired due to coworker false accusations I wasn't allowed to have a meeting with coworker and boss to clear fabrications

My employer wrote me up then fired me due to coworker making up complete lies to cover up her lack of working.i I finally askedmy director can we all speak together so Ivan hear it directly to me not about me hearsay she said no I don't like confrontations. I stated thati should be allowed to... Read more »

Paula M. Dillon
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Paula M. Dillon
answered on May 5, 2022

Your employer does not necessarily have to hear your version. Are you a union member? If so, you can file a grievance. Have you experienced discrimination or complained of discrimination/illegal activity in the workplace? Could this be the real reason for the termination?

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for New Jersey on
Q: Is it possible to sue former employer for lost wages after he refuses to complete paperwork to get my plumbing license?

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?

Leonard R. Boyer
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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... Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: Is there a way around: NJ revised statute Section 43:1-2 - Suspension of right, or disqualification, during confinement

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... Read more »

Maurice Mandel II
Maurice Mandel II
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.

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