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Browse our 2 legal questions about Employment Rights in United States and the lawyer answers, or ask your own questions for free.
In Newark, United States, employment rights law stands as a fundamental area within the broader scope of labor laws. Covering everything from fair wages, safe work environments, to protection from discrimination and harassment, these laws seek to ensure equitable treatment of workers. It includes both federal laws such as the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and the Americans with Disabilities Act (ADA), as well as New Jersey-specific laws such as the New Jersey Law Against Discrimination (NJLAD) and the Conscientious Employee Protection Act (CEPA).
Despite the protective nature of these laws, disputes often arise between employers and employees. You might need a lawyer if you believe your rights have been violated; for instance if you have been subject to workplace discrimination, wrongful termination, harassment, or if your employer has failed to pay your wages or overtime. A skilled attorney can guide you through the complexities of the legal process, represent your interests effectively, and help you understand your rights and options.
The key local law relevant to employment rights is the NJLAD. Besides broader federal protections, it further prohibits employment discrimination on the basis of marital status, age, sexual orientation, and genetic information, among others. The CEPA ensures that employees can freely expose illegal or unethical activities at their workplace without fearing retaliation from their employers.
Wrongful termination refers to when an employer fires an employee in violation of their legal rights, such as terminating them due to discrimination, in retaliation for reporting illegal activities, or counter to an existing contract.
Workplace harassment includes any unwelcome conduct based on race, sex, religion, and other protected characteristics that creates a work environment that would be intimidating, hostile, or offensive to reasonable people.
Under the FLSA, eligible employees must receive overtime pay for hours worked over 40 in a workweek. If your employer has not complied with this, you may be able to sue them for unpaid overtime.
The NJLAD prohibits employers from discriminating against employees on the basis of a variety of protected factors, which includes but isn't limited to age, race, nationality, sex, disability, sexual orientation, and genetic information.
Under the CEPA, you are protected against retaliation if you disclose or threaten to disclose to a supervisor or public body any activity, policy, or practice of the employer that is in violation of a law.
Employment Laws Assistance for Workers and Small Businesses (elaws) by the U.S. Department of Labor provides online resources and tools for understanding various federal employment laws. The New Jersey Department of Labor and Workforce Development also offer resources and guidance on the state's labor laws.
If you need legal assistance, consider hiring a lawyer specialized in employment rights. Ensure they have experience with both federal and New Jersey-specific employment laws. You may also want to explore free or low-cost legal help through local workforce service agencies, or legal aid organizations like the Legal Services of New Jersey.
