Unpaid overtime is one of the most common—and often overlooked—violations of employee rights in the workplace. Many New Jersey workers clock in extra hours every week, unaware they’re entitled to time-and-a-half for the effort. Others know their rights but fear retaliation if they speak up. If this sounds familiar, you’re not alone. This legal guide
The Fair Labor Standards Act (FLSA) is a fundamental piece of federal legislation that establishes crucial standards for wage and hour laws in the United States. Enacted in 1938, the FLSA aims to protect workers from unfair pay practices and to ensure a baseline standard of living for all employees. This comprehensive act addresses minimum
Wage theft, a term that many might not be familiar with, refers to the denial of rightful earnings to workers. It’s an issue that pervades various sectors, affecting millions of employees who are unaware of their rights or hesitant to confront their employers. This malpractice encompasses a range of violations, from failing to pay overtime
If you are eligible to take leave under the Family and Medical Leave Act (FMLA), your job should be protected if you need to take time off from work from your job with a covered employer as long as you or your family member has a serious health condition. The FMLA entitles eligible employees to
Job applicants in Pennsylvania and New Jersey enjoy certain rights before they are hired. Employers are prohibited from engaging in unlawful discrimination based on an applicant’s protected characteristics during the hiring process. Local and state laws may provide additional protection to job applicants. Employers are required to abide by state and federal anti-discrimination laws throughout
State reopening plans in New Jersey and Pennsylvania have led many workers wondering what they mean for their jobs. While workers who have been deemed to be essential-have worked throughout the COVID-19 crisis, businesses that have been deemed to be non-essential have been closed. Some workers have continued working from home, and some companies have
When employers with 100 or more workers plan mass layoffs, they must provide advance notice to the affected workers. However, there are several exceptions to this law. When an exception applies, the notice requirements do not apply. If you have been laid off or terminated from your job, the attorneys at Swartz Swidler can review
Under the Fair Labor Standards Act, most non-exempt employees must be paid overtime pay for all of the hours that they work above 40 during a workweek. Employees who are covered by the FLSA must receive overtime compensation of at least one-and-one-half their regular hourly rates. The FLSA does not limit the number of hours
In today’s job market, there are multiple types of worker classifications. Understanding the various types of employment is important to determine whether you have been properly classified. Businesses might have several different types of workers working together. Companies use different employment types to respond to economic and productivity changes. However, if companies misclassify their workers,
Most workers are non-exempt and must be paid at least the minimum wage plus overtime compensation for any hours that they work in a workweek over 40. In some cases, employers might try to switch workers from an hourly wage to a salary and claim that they are exempt from overtime pay. When this happens,