Employment Law in New Jersey
The prospect of losing one’s employment or making the difficult decision to sever the employment relationship is no doubt quite daunting. In New Jersey, most employees are considered “at-will” in the absence of a contract of employment or collective bargaining agreement. This means that your employer can terminate your employment for no reason at all or for even the most foolish reason.
However, you cannot be fired for reporting sexual harassment at work, reporting non-compliance with state and federal minimum and overtime wage laws, whistle blowing on illegal business practices or for filing a worker’s compensation claim. In addition, if you are discriminated against at work based on your race, gender, ethnicity, national origin, sex, gender identity or expression, sexual orientation or perceived orientation, military service or status, cellular or blood traits, disability or perceived disability or age, you should consult with an experienced attorney regarding your rights.
If you are an employer or business entity faced with the decision to discharge an employee, it is imperative to be aware of your rights, responsibilities and obligations as quickly as possible.
Hoffman DiMuzio’s labor and employment practice covers a wide variety of issues before New Jersey State Courts, the U.S. District Court, and New Jersey Office of Administrative Law, with a focus on discrimination, retaliation, sexual harassment and whistleblowing claims. We also are well versed in advocating on behalf of employees in unemployment hearings and disciplinary proceedings, as well as employers who believe that the termination of an employee was justified.
Hoffman DiMuzio guides its corporate clients through the process of developing and implementing employment policies and handbooks and counsels these businesses as it relates to avoiding potential litigation. The attorneys at Hoffman DiMuzio also assist business entities in navigating issues pertaining to the payment of wages and overtime.
Employment Wage Laws And Hours Worked
Under both New Jersey law and the federal Fair Labor Standards Act, most employers are required to pay their employees the presiding minimum hourly wage and overtime at the rate of one and one half times the regular hourly wage for each hour worked over forty hours per week. The right to receive minimum wage and overtime cannot be waived either by a union contract or grievance decision.
Both the federal Fair Labor Standards Act and New Jersey law exclude certain classes of employees from these wage and hour requirements. In addition, special rules apply to restaurant and hotel workers who receive tips or room and board as part of their job.
Getting Paid By Your Employer
Special laws mandate how you are to be paid. Your employer must pay you your wages at least twice a month on regular paydays, which are set in advance, unless you are an executive or supervisor, in which case your employer is required to pay you at least once a month. If you quit, are fired or on strike, your employer must pay you your regular wages on the next payday following the date you stopped working.
Your employer can only withhold money from your wages if you authorize deductions in writing. Under federal and state law, your employer can deduct income taxes, Social Security and unemployment and disability insurance. Your employer may also deduct from your pay if your wages are garnished to satisfy a judgment against you pursuant to a wage execution order issued by a county probation office for late alimony, separate maintenance or child support payments.
Job Safety Laws In New Jersey
Federal and state laws set forth safety standards and provide employees with access to information about unsafe conditions. The Occupational Safety and Health Act (OSHA) is a federal law that sets job safety standards covering employees in the private sector. Under OSHA, your employer must meet minimum standards for a safe work environment free of known hazards. OSHA standards cover toxic chemicals, noise, and radiation, walking and working surfaces, sanitation, fire prevention and other hazards.
If you believe that your employer is in violation of any of these standards, please contact Hoffman DiMuzio. You will be scheduled to meet with the attorneys who concentrates their practice in this area of the law.
How Hoffman DiMuzio Employment Attorneys Can Help
The skilled attorneys at Hoffman DiMuzio have been providing guidance to individuals and businesses in the South Jersey area for over thirty years. Their expertise in this area of the practice assures our clients that they will always receive top-notch legal representation.
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Six Convenient NJ & Philadelphia Law Office Locations
Meeting with a lawyer experienced in employment law here in South Jersey is easy with our six convenient locations. We will schedule a consultation at the office location that is nearest you.
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Disclaimer: please note this page was written to provide information about the law and is not legal advice. Click here to read more about our disclaimer and our fees and services.