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Browse our 6 legal questions about Employment & Labor in United States and the lawyer answers, or ask your own questions for free.
Employment and labor law in New Jersey covers the relationship between employees, employers, and labor organizations within the state. This field of law regulates workplace rights, wages, discrimination, benefits, hiring and firing practices, workplace safety, and collective bargaining. New Jersey has enacted both state and local laws to protect workers, which often supplement or enhance federal labor laws. Understanding your rights and obligations under these laws is important for both employees and employers.
There are many situations in which people seek legal assistance for employment and labor matters in New Jersey. Common reasons include facing wrongful termination, experiencing discrimination or harassment in the workplace, wage and hour disputes, negotiating employment contracts, or dealing with retaliation for whistleblowing. Employers may require guidance to create compliant policies, handle disputes, or defend against claims. A lawyer can help interpret complex laws, explain your rights and obligations, represent you in negotiations or litigation, and ensure you achieve a fair outcome.
New Jersey labor laws provide robust protections for workers. Highlights include the New Jersey Law Against Discrimination, which prohibits discrimination based on protected characteristics such as race, gender, age, religion, disability, and more. The New Jersey Wage and Hour Law sets standards for minimum wage, overtime pay, and recordkeeping. The Conscientious Employee Protection Act (CEPA) protects whistleblowers. New Jersey also has its own paid sick leave law, family leave insurance, and regulations concerning workplace safety. Employers and employees alike must comply with these laws in addition to applicable federal statutes like the Fair Labor Standards Act and the Family and Medical Leave Act.
Wrongful termination occurs when an employee is fired for reasons that violate state or federal law, such as discrimination, retaliation, or breach of contract. New Jersey is an at-will employment state, but there are important exceptions.
The New Jersey Law Against Discrimination forbids employers from discriminating based on protected traits such as race, color, national origin, religion, gender, age, disability, sexual orientation, and more.
As of January 2024, the statewide minimum wage is 15 dollars per hour for most employees. Certain workers, such as tipped employees and minors, may have different minimum wage rates.
Non-exempt employees in New Jersey are entitled to one and one-half times their regular pay rate for any hours worked beyond 40 in a workweek, unless a specific exemption applies.
Yes, most employees are entitled to accrue up to 40 hours of paid sick leave per year under the New Jersey Earned Sick Leave Law. This leave can be used for personal or family illness, preventive care, or dealing with the impact of violence or domestic abuse.
Non-compete agreements may be enforceable if they are reasonable in scope, duration, and geographic area, and necessary to protect legitimate business interests. Courts may invalidate agreements that are overly broad.
Report the harassment to your employer in writing, follow the company’s complaint procedures, and keep records of incidents. If your employer fails to take appropriate action, you may file a complaint with the New Jersey Division on Civil Rights or consult an attorney.
The Conscientious Employee Protection Act (CEPA) protects employees who report or object to illegal or unethical workplace practices. It prohibits retaliation such as demotions, termination, or harassment against whistleblowers.
New Jersey law does not generally require breaks or meal periods for adult employees, but workers under 18 must receive a 30-minute break after 5 consecutive hours of work. Federal and local rules may apply in specific cases.
If your employer fails to pay wages or overtime, you can file a complaint with the New Jersey Department of Labor and Workforce Development or pursue a civil claim. A labor attorney can help you understand your options.
- New Jersey Department of Labor and Workforce Development: Oversees workplace rights, wage and hour violations, unemployment, and more. - New Jersey Division on Civil Rights: Handles complaints regarding discrimination and harassment in employment. - U.S. Equal Employment Opportunity Commission (EEOC): Investigates violations of federal anti-discrimination laws. - Legal Services of New Jersey: Provides free legal assistance to qualifying residents. - New Jersey State Bar Association: Offers lawyer referral services and information on labor law.
If you believe your workplace rights have been violated or need help understanding your obligations as an employer in New Jersey, consider the following steps:
1. Gather all relevant documents, such as employment contracts, pay stubs, emails, and company policies. 2. Write down details of any incidents relating to your legal concern. 3. Contact the appropriate state or federal agency to file an initial complaint if needed. 4. Consult a qualified employment and labor attorney who practices in New Jersey to discuss your case, your rights, and your legal options. 5. Follow your attorney’s guidance and keep detailed records of all communications and proceedings related to your situation.
Seeking legal help early can improve your chances of a positive resolution and ensure your rights are protected under New Jersey law.
