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 per hour is hardly a living wage for full-time...Read More
Green Savits Employment Law Blog
Employment Attorneys Serving Northern and Central New Jersey
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. In an effort to provide job applicants with criminal records a fair chance in obtaining employment, “Ban the Box” legislation has been passed in over 100 states, cities and counties and President Obama directed that federal agencies follow suit. This year, both New Jersey and New York City have passed such legislation.
However, despite both...Read More
Just a year and a half ago, the New Jersey legislature passed the New Jersey Pregnant Worker’s Fairness Act (“PWFA”), which prohibits pregnancy discrimination and requires employers to provide reasonable accommodations to pregnant employees. However, the PWFA does not affect an employee’s entitlement to paid or unpaid leave. This begs the question, what maternity/paternity leave is an employee entitled to? While many companies in the United States are beginning to establish paid parental leave policies, unlike many other countries, the U.S. does not require that employers provide job protected, let alone paid, leave for new parents. ...Read More
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.
The first development involves the CEPA statute that protects New Jersey employees from employer retaliation against those employees who are whistleblowers. During the past several years...Read More
The Los Angeles Times published an article today about women leaving the IT industry in droves. As the article points out, women are not considered able to execute fast enough or even to be entrepenuers. Given the projected expansion of the tech industry over the next decade, the tech industry's biased view of women is tantamount to shooting themselves in the foot. In any event, this male stereotypical attitude can and will inevitably lead to violations of gender discrimination statutes. Hopefully, these companies will learn their lesson but it is not looking good.
If you ever want to see an employer's attorney head explode, all you have to do is observe that attorney's reaction when he/she learns that an ex-employee plaintiff has taped conversations in the workplace. This is especially true when the employer's decision-makers have testified in depositions to a completely false explanation of why the employee was fired/demoted etc. and the tape recording completely contradicts that testimony. I have been involved in trying two cases where my fired employee client alleged an illegal discriminatory firing and tape recorded conversations in the workplace prior to the firing. Both cases captured...Read More
Individuals frequently call for advice concerning the harassment and discrimination they experienced. They tell me they just couldn’t take it anymore and that going to work each day had become an anxiety-filled event, so they resigned from their employment. I assure them that they should not doubt the choice they made, because ultimately they did what they needed to stay happy and healthy. But often, under New Jersey law, that choice has limited, if not eliminated, their legal remedies.
In the employment discrimination context, "constructive discharge" is when an employer knowingly permits conditions of employment so intolerable...Read More
I am learning more and more that my mother was right about a lot of things but particularly about timing. A superb golfer in her day (she was a single digit handicap at her peak) she taught me that properly timing the start of the downswing was critical to both accuracy and distance. And in love, she always told me that timing was critical when it came to marriage, i.e, whether my future wife and I would be "ready" when we first meet. She was absolutely right!
Timing is also critical in proving an employer's illegal motive for firing, demotions, punitive transfers, etc.. For example, when an employee reports, objects to or...Read More
This past Sunday, as I watched the Dallas Cowboys gain momentum and come back against the Detroit Lions, I was more than distracted by what I recently learned about how the NFL teams treat their cheerleaders. These women cheer for their team during games, practice for hours in the days leading up to games, attend public appearances, and maintain their bodies in incredible, physical shape. However, despite their significant value to the team they cheer for, the amount they are paid for their talent is often pathetic, bordering on abusive.
In September 2014, the Raiderette’s settled their lawsuit against the Oakland Raiders for...Read More
With the upcoming New Year, it is time for resolutions that we all hopefully will keep. For employees, please adopt this resolution: I will never email, text or post on my social media page content that I know could be offensive, violate someone's privacy or just be plain mean. Failure to follow this simple rule just got a long time New Jersey municpal employee suspended without pay and possibly losing his job for distributing racist emails. So to avoid coming to spend legal fees on a law firm like ours, all you employees out there adopt and follow this simple New Year's resolution.
Happy New Year everyone!