By Bruce Atkins | Published June 30, 2025 | Posted in Employment Law | Tagged Tags: Claims, discrimination, Sick Leave | Comments Off on When Can You Sue Your New Jersey Employer for Retaliation?
When Can You Sue Your New Jersey Employer for Retaliation?
New Jersey has comprehensive employment laws that protect workers from retaliation when they assert their legal rights or report unlawful conduct. These laws cover a range of workplace activities, explicitly prohibit employer retaliation, and give employees the right to sue if they face adverse actions for engaging in protected activities. Below are key New Jersey Read More
Read More
U.S. DOL Rescinds Rule on Independent Contractor Misclassification
The U.S. Department of Labor (DOL) recently announced a change in its enforcement approach relating to how employers classify workers as independent contractors under the Fair Labor Standards Act (FLSA). This move reverses course from an earlier, more stringent interpretation of contractor classification criteria established under the Biden administration. It has far-reaching consequences for both Read More
Read More
When Can an Employee Make a Claim of Constructive Discharge?
An employee who resigns from a job due to intolerable working conditions may still have a valid claim for damages. While a resignation is usually considered a voluntary action, it may in some circumstances amount to a constructive discharge, which is the equivalent of a wrongful termination. Employers may engage in various actions that could Read More
Read More
NJ High Court Rules Commissions Are Wages Under State Law
On March 17, 2025, the New Jersey Supreme Court delivered a landmark ruling that significantly affects the legal rights of employees who are paid on commission — a substantial segment of the state’s workforce. The court declared that commissions are “wages” under the New Jersey Wage Payment Law (WPL), which governs how and when employers Read More
Read More
How the Four-Fifths Rule Guides Courts in Disparate Impact Cases
The “four-fifths rule” is a statistical guideline used to help determine whether an employment practice may be discriminatory against a protected group. It provides that if the selection rate (for hiring, promotions, etc.) for any racial, ethnic, or gender group is less than 80 percent (four-fifths) of the rate for the group with the highest Read More
Read More
Differences Between a NJ CEPA Claim and a “Pierce Claim”
In a landmark case, Pierce v. Ortho Pharmaceutical Corp., 84 N.J. 58 (1980), the New Jersey Supreme Court held that an employer cannot terminate an employee for reasons that violate a clear mandate of public policy. A “Pierce claim” can be brought by an employee allegedly discharged for refusing to engage in illegal or unethical Read More
Read More
How Use of Artificial Intelligence in Hiring Can Be Discriminatory
Artificial intelligence (AI) is rapidly expanding as a job-applicant vetting process across the country. AI-powered apps can analyze resumes, assess video interviews and even predict a candidate’s likelihood of success in a given role. Employers are using AI-driven systems to evaluate applicants’ speech patterns, facial expressions and word choices in videos. AI also can curate Read More
Read More
U.S. High Court Clarifies Proof Needed for Overtime Pay Exemptions
The Fair Labor Standards Act (FLSA) imposes rules for overtime pay across the country. The law requires employers to compensate eligible employees at a rate of at least one and a half times their regular pay for hours worked beyond 40 in a workweek. The FLSA makes exemptions for certain employees. Employers bear the burden Read More
Read More
Is Weight Discrimination at Work Against New Jersey Law?
In New Jersey, the question of whether it is illegal for employers to discriminate based on an employee’s or job applicant’s weight is still up in the air. Under current law, weight is not explicitly a protected category under the state’s Law Against Discrimination (LAD). That may soon change, as the New Jersey Senate passed Read More
Read More
What At-Will Employees Should Know About Severance Agreements
Severance agreements are contracts that set the terms of an employee’s departure from a company. They are very important for at-will employees, who can be terminated by their employer at any time, with or without cause. A severance agreement provides financial compensation but also establishes conditions that the employee must adhere to, some of which Read More
Read More- April 2026 (2)
- March 2026 (2)
- February 2026 (2)
- January 2026 (2)
- December 2025 (2)
- November 2025 (2)
- October 2025 (2)
- September 2025 (2)
- August 2025 (2)
- July 2025 (2)
- June 2025 (2)
- April 2025 (2)
- March 2025 (2)
- February 2025 (2)
- January 2025 (2)
- December 2024 (3)
- November 2024 (2)
- October 2024 (2)
- September 2024 (2)
- August 2024 (2)
- July 2024 (3)
- June 2024 (2)
- May 2024 (2)
- March 2024 (2)
- February 2024 (2)
- January 2024 (2)
- December 2023 (2)
- November 2023 (2)
- October 2023 (2)
- September 2023 (2)
- August 2023 (2)
- July 2023 (2)
- June 2023 (2)
- May 2023 (2)
- April 2023 (2)
- March 2023 (2)
- February 2023 (2)
- January 2023 (2)
- December 2022 (2)
- November 2022 (2)
- October 2022 (2)
- September 2022 (2)
- August 2022 (2)
- July 2022 (2)
- June 2022 (2)
- May 2022 (2)
- April 2022 (2)
- May 2020 (1)
- April 2020 (2)
- April 2018 (1)
- June 2017 (1)
- January 2014 (7)
- December 2013 (9)
- November 2013 (8)
- October 2013 (6)
- September 2013 (7)
- August 2013 (5)
- July 2013 (13)
- June 2013 (6)
- May 2013 (7)
- April 2013 (3)
- February 2013 (5)
- January 2013 (8)
- December 2012 (7)
- October 2012 (6)
- September 2012 (8)
- August 2012 (9)
- July 2012 (9)
- June 2012 (5)
- May 2012 (2)
- Age Discrimination (5)
- Arbitration and Mediation (3)
- Contracts (1)
- COVID-19 (3)
- Disability Discrimination (1)
- Discrimination (67)
- Employment Law (113)
- Family and Medical Leave Act (3)
- fraud and misrepresentation (1)
- Gender Discrimination (5)
- Harassment (15)
- Hostile Work Environment (6)
- Labor Law (14)
- Partnership Disputes (1)
- Pregnancy Discrimination (4)
- Racial Discrimination (5)
- Recognition (1)
- restrictive covenants (1)
- Retaliation and Whistleblowing (11)
- Severance Packages (1)
- sex/age discrimination (2)
- Shareholder Disputes (2)
- wage and hour issues (3)
- Whistleblower Protection (1)
- Wrongful Termination (6)
