The question of whether Uber drivers, Lyft drivers and gig workers should be categorized as employees or independent contractors has a lot of implications for the person performing the labor.
Employment Attorneys Serving Northern and Central New Jersey
Forced arbitration is a tactic that employers use to suppress their employees' rights to sue them. The Supreme Court has found that companies can force workers to give up their right to file a class-action suit and require employees to arbitrate any disputes individually. Workers who don't comply can be fired.
On February 21, 2018, the United States Surpreme Court ruled 9-0 in Digital Realty Trust v. Somers that whistleblowers cannot bring a claim under the Dodd Frank Act if they did not notify the Securities and Exchange Commission in writing. While this is considered a blow to protect whistleblowers, there are still three different ways for an New Jersey employee of a publicly traded company to vindicate their rights.
The May 14, 2017 New York Times Sunday Business Section ran an in-depth feature article exploring how employers are requiring employees more and more to sign non-compete agreements. As the article points out, employers use to reserve the use of non-compete agreements for senior management. That has changed recently and has spread to the lowest rung employees. Because court battles over the validity of non-compete agreement require a lot of attorney time, attorneys who represent employees must charge on the hour and most emplo
We frequently receive calls from recently terminated employees who want to know if they are entitled to severance pay from their employer upon termination. They are understandably never happy to hear that the answer to that question is no. Generally, employers are not required to pay employees severance at termination with the following exceptions:
Both the New York Stock Exchange (NYSE) and the NASDAQ have actually made it easier for employees of publicly traded companies listed on their exchanges to successfully bring whistleblower retaliation claims. The exchanges did so by passing rules requiring listed companies to develop procedures for whistle-blowing employees to report illegal corporate wrongdoing. Of course, both the NYSE and NASDAQ did not do this out of the goodness of their hearts but were directed to take action by the Securities and Exchange Commission pursuant to Section 406 of the 2002 Sarbanes Oxley Act.
Most people are aware of today’s fight over the minimum wage. Although the federal minimum wage has been stuck at $7.25 per hour for many years now, Congress will not allow an increase. Because of this, President Obama took executive action to raise the minimum wage for federal contractors to $10.10 per hour. States have taken it upon themselves to raise the minimum wage. New Jersey voted in 2014 to raise its minimum wage to $8.25 per hour and indexed it to inflation which is why it now stands at $8.38. I think that most people would agree that $7.25 or $8.38 or even $10.10
The phrase “everyone makes mistakes” is often used to discourage people from dwelling on their errors. However, those whose mistakes resulted in criminal records are left with an unshakeable stigma that interferes with their ability to make a living and support themselves and their families.
There are a number of whistleblower laws that are intended to protect employees who report, object to or refuse to participate in conduct that may be either illegal, fraudulent or endangers the health and safety of individuals and the public. Within the past month, there have been two significant legal developments that have interpreted New Jersey's Conscientious Employee Proctection Act ("CEPA") and the Dodd Frank law passed by Congress in 2010.