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New Jersey Employment Law Questions & Answers
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 »

1 Answer | Asked in Employment Law, Consumer Law, Criminal Law and Military Law for New Jersey on
Q: An arrest record for an Article 15 was sent to FBI, what happens after 7 yrs? Does it show for employment in accounting?

During a deployment overseas, there was an incident involving multiple personnel. US Army CID took fingerprints and statements from personnel involved. The charges are shown on an fbi personal rap sheet few years after. There was no court martial. The disposition is only an article 15 ( non... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 15, 2020

An attorney would need much more information to properly answer your question.

1 Answer | Asked in Employment Law and Domestic Violence for New Jersey on
Q: I was hired by center for family Services in Glassboro NJ and fired for a disqualifying conviction, why?

Aggravated Assault first degree Felony.

Leonard R. Boyer
Leonard R. Boyer answered on Jan 13, 2020

You committed a very serious violent crime. No employer is going to want to take the risks associated with your employment. You really need to take actions to prove that you have or are in the process of rehabilitating yourself.

1 Answer | Asked in Employment Law for New Jersey on
Q: Can NJ co. force a full time employee working 20 yrs, 4 days/week, 32 hours, work 5th day, no increase pay?

non-union admin position

Rhiannon Herbert
Rhiannon Herbert answered on Dec 23, 2019

Under federal law, you must be paid at least minimum wage for all hours worked. If you are working 40 hours per week but are only being paid for 32 of those hours, then your employer has violated the Fair Labor Standards Act. If, however, you are being paid for the 40 hours you work, but you... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: Can my employer lower my compensation plan because I made too much money?

Set an agreed upon lower base with a high compensation plan. Did a great job with sales and now my employer told me he was cutting my compensation plan by 75% because I made too much money. But also congratulations me on performance. Told me no room for negotiation and I had to give my answer... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Dec 12, 2019

This will depend on whether you have a written employment contract stating that you would be paid the agreed-upon amount for a specific amount of time (for example, for the next year). If you don't have this, then unfortunately you do not have a claim under federal law, as the Fair Labor... Read more »

1 Answer | Asked in Contracts and Employment Law for New Jersey on
Q: What are the chances of NJ Assembly Bill A1769 getting passed soon?

It deals with Non-Compete Agreements. I have a friend who works for a private school and she signed a non compete that prevents her from getting another teaching job within 12 miles of any of the schools for the company she works for. Because of the amount of schools they have she essentially... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 10, 2019

How can anyone intelligently speculate on this?

1 Answer | Asked in Employment Law and Immigration Law for New Jersey on
Q: How to obtain a work visa for my friend from India. I am USA resident and will sponsor him.

How do I sponsor him? What do I need to do?

Kevin L Dixler
Kevin L Dixler answered on Sep 25, 2019

It isn’t that easy. Much more information is needed. The USCIS and State Department must disqualify those who lack the proper employer and credentials. The buy American, employ Americans program has a significant impact upon discretion.

I strongly recommend an appointment with a competent...
Read more »

1 Answer | Asked in Business Formation, Employment Law and Tax Law for New Jersey on
Q: If I am the founder of a non-profit and am planning to pay myself according to a set salary, do I count as an employee?

Main thing is, I'm trying to set up a payroll, and I just want to know what to tell the payroll company (e.g., ADP) when they keep asking about the "employee."

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 11, 2019

Yes, you're an employee.

2 Answers | Asked in Employment Law and Tax Law for New Jersey on
Q: My employer isn't taking the correct amount of federal taxes out if any. Ive tried fixing it for months. What can I do

Most weeks they took out nothing. I was claiming 0 and married. I changed it to 1 then back to 0. I now have it 0 married but take out single with an extra $20. But I don't think they are taking the right amount out for any of the taxes now that I started looking closely. I called the labor... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 25, 2019

The IRS changes the schedules for withholding all the time. It is your responsibility to tell your employer how many dependents you claim and your marital status--and any other info requested on the Form W-4. If you do not think it is enough, you can instruct them to take out additional money. You... Read more »

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1 Answer | Asked in Employment Law for New Jersey on
Q: Was approved for family leave. August 2018 till August 2019. They use roll back method. Went over time by 3 days.

Have accumulated more time the following week. Was terminated for time and attendance after 32 years.

Jonathan Ian Nirenberg
Jonathan Ian Nirenberg answered on Apr 23, 2019

I suggest you talk directly with an employment lawyer. I would want to evaluate potential claims of retaliation in violation of the FMLA and to determine whether they gave you proper notice of your rights and obligations under the FMLA. If the leave was for your own medical condition, I also... Read more »

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