Non-compete agreements have proliferated among employers, and an increasing number of employees working in New Jersey are covered by them. These types of employment agreements are typically signed during the onboarding process and purport to restrict employees from engaging in competition against the employer after they leave. However, non-compete agreements are not always enforceable. Here’s
In New Jersey, most employees are protected by the state’s earned sick leave law. Under this law, employees working for private employers are entitled to receive 40 hours of earned sick leave from their employers each year that they can use to care for themselves or their immediate family members. The New Jersey earned sick
Many employees are asked to sign arbitration agreements when they are hired as a part of their onboarding paperwork. This type of agreement waives an employee’s right to pursue legal remedies through the court process if employment disputes arise. If an employee signs an arbitration agreement, they will be forced to arbitrate their dispute instead
New Jersey recognizes the important services whistleblowers provide to the state by reporting their employers’ fraudulent, unethical, or illegal conduct. Without the help of whistleblowers, many instances of fraudulent and illegal conduct committed by employers against the government would go undiscovered. Because of this, New Jersey’s Conscientious Employee Protection Act (CEPA) protects employees against retaliation
Most people are employed at will in New Jersey and almost all other states. At-will employment means that an employer can decide to terminate an employee whenever the employer wants and for nearly any reason. However, employers can’t legally fire employees for unlawful reasons. When an employer’s reason for firing an employee violates a statute,
If you think that your employer has treated you differently than other employees because of your protected characteristics, you might have grounds to file a discrimination claim. If you have evidence to support your suspicions, an employment discrimination attorney at Swartz Swidler will likely want to speak with you to evaluate your potential case. Here
Applicants and employees who are disabled are protected against employment discrimination based on their disabling conditions under the Americans with Disabilities Act (ADA). Disabled workers can ask for reasonable accommodations that can help them perform the tasks of their jobs. Determining whether or not a requested accommodation is reasonable can be a sticking point for
Most people know that discrimination refers to being treated unfairly as compared to how others are treated. While discrimination might be unfair, it is not always illegal. Unlawful discrimination occurs in the workplace when someone is discriminated against based on their protected characteristics, and this type of discrimination can happen at any time during the
While most employers in the U.S. are required to comply with the minimum wage and salary requirements of the federal Fair Labor Standards Act, employers located in states with higher minimum wages must instead comply with the more generous state laws instead of the federal minimum wage law. Under federal law, employers must pay a
Many employers in New Jersey classify certain workers as exempt employees. While statutory, non-exempt employees are entitled to overtime for hours worked beyond 40 in a week under the Fair Labor Standards Act (FLSA), exempt employees are not. The FLSA mandates that most employees should also be paid the minimum wage. Since New Jersey’s state