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New Jersey Employment Law Questions & Answers
1 Answer | Asked in Employment Law for New Jersey on
Q: If you are a salaried employee, is there a percentage of time your week can be spent tasking?

I seem to recall there is a certain percentage where if that is met, overtime needs to be paid

Carrie Dyer
Carrie Dyer answered on Oct 21, 2020

I am not sure what you mean by "tasking." If you are properly classified as a salary exempt employee, then you would not be entitled to overtime regardless of the number of hours you work per week or the time you spend on certain tasks. However, you must be paid overtime for all hours... Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: NewJersey- offer letter fr employment states that 2 months notice is needed or I have to pay 2 mnths salary - legal?

located in NJ : Offer letter from employer states - must give 2 months notice , if not , you will have to pay 2 months salary .Is this legal ? the reason I ask is - I heard NJ is at will employment

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin answered on Oct 19, 2020

In New Jersey employment is at will unless there is a contract between the employee and the employer. You should consult an employment attorney to advise you on your employment documents. This answer does not constitute legal advice and is for information only.

1 Answer | Asked in Employment Law for New Jersey on
Q: Can an employer in NJ force an office worker back into the office one day a week under EO 107?

Under EO 107, paragraphs 10 and 11 offices must provide telework options for employees where practicable.

With this EO in place today, October 15 2020, can an employer tell an employee who was working remotely that they must come into the office for one day per week, working remotely the... Read more »

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin answered on Oct 19, 2020

If an employee has a need to work from home for a medical reason (COVID-19 or otherwise) including pregnancy, to quarantine, to take care of a sick family member or to care for a child who has to participate in school at home, the employee could have rights to request a full work from home... Read more »

1 Answer | Asked in Legal Malpractice, Consumer Law, Employment Law and Immigration Law for New Jersey on
Q: Can I sue my lawyers for legal malpractice? They did not file my petition with the USCIS on time.

I had an L visa. The lawyers hired by my spouse’s company were supposed to file an extension petition with the USCIS for me since we were to return home 2 weeks after my I-94 expiration. However, they did not file the petition properly. Therefore, the USCIS sent a Notice of Deficiency to them,... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 6, 2020

It would be worth your while to at least register a bar complaint against any attorney you feel acted in bad faith. As far as a lawsuit, your best bet would be to consult with an attorney regarding the facts in the case to get an idea if that would be effective.

1 Answer | Asked in Employment Law for New Jersey on
Q: My employer is asking for me to provide COVID test results, is this permitted under NJ law?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 20, 2020

Much more information would be needed to be known to properly answer your questions such as where do you work. Obviously it would be important if you work at a nursing home.

2 Answers | Asked in Divorce and Employment Law for New Jersey on
Q: My husband recently retired. Shouldn’t I be getting half of his retirement benefits? Separated for 8 years and married

for 35 years. Last year he said I would be receiving money at the beginning of this year. I haven’t received anything. I stayed home and raised our three kids, never asked for anything from him. Suddenly he won’t speak to me. Should I call his former company for information or should I hire... Read more »

Richard Diamond
Richard Diamond answered on Aug 24, 2020

I gather you and he are not divorced. If you are not divorced, then the only way that you are going to share in his retirement benefits is if you file for divorce and as part of the divorce process, a qualified domestic relations order (QDRO) is entered in your favor, dividing his retirement... Read more »

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1 Answer | Asked in Employment Law for New Jersey on
Q: What are my options when my supervisor is putting my health at risk and refuses to consider my doctor's orders?

NBOE staff started working remotely as of March 16, 2020. During this time, I developed an autoimmune condition. I have asked to work remotely until my health is stabilized and I'm not at high risk of contracting COVID-19. Currently, I'm seeing various specialists and I'm on various... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Aug 19, 2020

It sounds like you may have a claim for failure to accommodate under the Americans with Disabilities Act ("ADA"). Disabled employees who work for companies with 15 or more employees are entitled to request reasonable accommodations from their employer. While your employer doesn't... Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: If there’s constantly wages missing from check, when can I put in a complaint and how long must it take for a response
Carrie Dyer
Carrie Dyer answered on Jul 22, 2020

If you have not been paid for hours you have worked, you should immediately report this to your employer in writing. If the issue is not addressed, you should reach out to an employment attorney in your area to discuss your options, as you may have a claim for unpaid wages under the Fair Labor... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Federal Crimes and Sexual Harassment for New Jersey on
Q: Is there a Statute of limitations in NJ for sexual assault? Can I stay anonymous? This person was just publicized.

This happened at a place of employment.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 14, 2020

Yes a statute of limitations does exist both for the criminal charges and the civil charges. Speak with a lawyer if you have been assaulted you may be entitled to a large recovery for your injuries.

1 Answer | Asked in Employment Law for New Jersey on
Q: put on leave of absence without pay during pandemic,collecting unemployment.Now offerred 2xlessto go back to work.Legal?
Rhiannon Herbert
Rhiannon Herbert answered on Jul 7, 2020

The Fair Labor Standards Act (the federal laws governing this situation) don't provide a lot of protection against this sort of issue. Under the FLSA, you need only be paid at least minimum wage for all hours of work you perform. So, while your situation sounds unfair, as long as you are still... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: I believe I got wrongfully terminated for being pregnant, I need to speak to a lawyer. In NJ can I legally record a cal

My job sent me Cobra Insurance with a notice of me being terminated, no one has called me, however I believe I'm being wrongfully terminated for being pregnant, as they are noe hiring for my exact position on Facebook. I want to find out if I can pursue legal action against them. I want to... Read more »

Andrew S. Abramson
Andrew S. Abramson answered on Jul 3, 2020

The facts that your present could support a pregnancy discrimination case. Prior to moving forward with any further communication with your former employer you should definitely consult with a lawyer. We would be happy to discuss your entire situation with you. Please contact our office.

1 Answer | Asked in Employment Law for New Jersey on
Q: does a company need to provide holiday pay to all if they provide to some?

I'm a full time employee. The company does provide holiday pay. our schedules change from week to week. if I wasn't scheduled to work on a holiday but others were, are they required to pay ALL employees the holiday pay or only the ones scheduled on that day?

Rhiannon Herbert
Rhiannon Herbert answered on Jul 1, 2020

Generally, employers are not required to offer pay on days that you do not perform work. However, you should consult your employee manual or handbook and review your employer's policy regarding holiday pay or other paid time off (if it has one). Employers may set up their PTO policies in... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: Can I be fired from my Firm because my HR Director feels I'm immune compromise due to my having Hodgkins in 2013?

On 3/5 I was told to start working from home due to my immune system. Last week I was 1 of many asked to volunteer to resign. I don't plan on resigning. My Oncologist gave me a letter stating I'm not immune compromised since it's been 7 yrs that I'm in remission. When do I send... Read more »

Andrew S. Abramson
Andrew S. Abramson answered on Jun 10, 2020

You should provide the doctor’s note to your employer as soon as you possibly can. Also, if you are eventually terminated, you should contact an experienced employment law attorney to evaluate all of the facts surrounding the termination as you may have a claim for perceived disability... Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: Can we take temperatures of employees daily upon entering workplace?

We are a manufacturing facility deemed "ESSENTIAL" we want to gradually bring plant workers in as needed but I am confused as to what our rights are -

Kyle Anderson
Kyle Anderson answered on Apr 22, 2020

EEOC guidance states that, because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions as of March 2020, employers may measure employees' body temperature. As with all medical information, the fact that an employee had a... Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: My employer is essentially threatening me with unemployment if I do not "contribute" while on furlough. What do I do?

Due to COVID-19 the entire small business of 10 employees was put on furlough. My manager told me, "we can only ask you if you would like to volunteer and your job isn't in jeopardy." But later in the day, I get a call from the owner with thinly veiled comments that I might not be a... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Apr 22, 2020

Under the Fair Labor Standards Act, you must be paid for all hours worked. If the work your employer is asking you to "volunteer" to perform for no pay is the same type of work you normally perform for pay, then you should be paid for this time and any other "volunteer" work... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: My employer just fired 3 employees and wants to cut my pay by 33%.

This comes one week after I informed them that I am pregnant and one week after they issued themselves $75000-$84000 bonuses. They claim my pay reduction from $60000 to $40000 (now only female and least paid employee) is due to a slow in business. They offered me 10000 shares if and when the... Read more »

Kyle Anderson
Kyle Anderson answered on Mar 19, 2020

Reach out to an employment attorney in your state for a consultation. It sounds like this pay cut came right after you announced your pregnancy, and discrimination based on pregnancy is unlawful.

1 Answer | Asked in Employment Law for New Jersey on
Q: After-hours & Weekend On-Call roster was NOT in the job description or a requirement when hired.

I'm a newly hired employee & during interview & my first few weeks of employment was confirmed that their Incident Management team in Sri Lanka was 24x7. I then found out that Incident Management on the weekends was handled via On-call rotation, which actually made them only 24x5. I... Read more »

Carrie Dyer
Carrie Dyer answered on Mar 11, 2020

Your employer can typically alter your job duties and responsibilities at any time, including requiring you to partake in the weekend on-call and after-hours coverage. You should speak with an employment attorney if you have any concerns that you are being properly compensated for the on-call time... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for New Jersey on
Q: Repeated asked fellow manager at work to leave me alone and stop harassing me (non-sexual).

HR and top management did nothing. I recently found out from one of the HR members that this same employee has multiple pending sexual harassment lawsuits against him and the company. Which our company is settling. I asked for this employee to be kept away from me if these allegations are true.... Read more »

Carrie Dyer
Carrie Dyer answered on Feb 26, 2020

If the harassment is not sexual in nature, and is not based on your membership in a protected class (race, gender, age, etc.), then there is little protection available under the law. You should consult an employment attorney in your area to discuss the specific type of behavior to which the... Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: My employer, a well known national brand has a history of forcing employees to quit. They are doing it to me now

Changing job duties, locations, etc to get me to leave on my own like they have done to other employees in the past. Do i have any recourse? This started after i complained about unfair work place/environment

Kyle Anderson
Kyle Anderson answered on Feb 26, 2020

It depends on what you specifically complained about regarding an unfair workplace and environment. If you feel you are being treated unfairly based on your gender, race, religion, or some other protected class or activity, you may have a claim. More details are needed to fully evaluate the... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: I work for a small business in NJ with less than 25 employees . My wife is about to deliver our first child.

Am I allowed by Law to get paid paternal leave? If yes , for how long . I know that companies with 30 employees and more must provide their employees with paid leave, just not sure what is the laws saying about smaller businesses. Thank you.

Kyle Anderson
Kyle Anderson answered on Feb 19, 2020

Hi, the federal law governing medical leave, the Family Medical Leave Act ("FMLA") does not require the employer to give you *paid* leave. It protects your job if you take unpaid leave, however. One issue I see is whether or not your employer is covered by the FMLA. You state the employer... Read more »

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