What Is Protected by the National Labor Relations Act?

The National Labor Relations Act (NLRA) is a federal law that protects the rights of employees to organize, form unions, engage in collective bargaining, or refuse to participate in this type of activity. Under the NLRA, employers are prohibited from interfering with, restraining, or coercing employees who exercise their rights. For example, your employer cannot

Do You Get Paid for FMLA? Everything You Need to Know

The Family and Medical Leave Act (FMLA) provides the right to eligible employees who work for covered employers to take up to 12 weeks of leave from their jobs for qualifying reasons during a 12-month period. However, leave under the FMLA is unpaid, which means you will not receive your regular salary while you are

Termination Laws & At-Will Employee FAQ's

Termination Laws & At-Will Employee FAQ’s

Most employees in New Jersey and Pennsylvania are employed at will. At-will employment can be confusing for many people. Here are some answers to the most frequently asked questions the attorneys at Swartz Swidler receive about at-will employment. 1. What Is the Meaning of At-Will Employment? If you are employed at will, this means that

What Is the Purpose of the False Claims Act?

When employees have non-public information about their employers’ fraud against the government, they have the right to report the information to the government under the False Claims Act. This law provides financial incentives to whistleblowers when the information they provide results in the government’s recovery of money it is owed. Under the False Claims Act,

What Is Workplace Immigrant Discrimination?

Businesses depend on having enough candidates to fill their open positions. Many companies rely on immigrants to fulfill their labor needs. In 2019, 17.4% of the U.S. workforce was made up of foreign-born workers. Despite these facts, some employers discriminate against immigrants. In 2019, the U.S. Equal Employment Opportunity Commission reported that 9.6% of all

What Are OSHA Regulations?

The Occupational Safety and Health Act (OSH Act) was enacted in 1970 and created by the Occupational Safety and Health Administration (OSHA). OSHA is the federal agency tasked with issuing regulations under the OSH Act and enforcing them. Under the OSH Act, states can pass their own safety plans for approval by OSHA, but some

How the Whistleblower Process Works

There are numerous whistleblower laws at both the state and federal levels. These laws are designed to encourage people with inside knowledge about their employers’ illegal acts perpetrated against the government to come forward and report them. Whistleblowers are allowed to file lawsuits on behalf of the government. If the government is able to recover

Why Workplace Discrimination Laws Are Needed

Since the passage of Title VII of the Civil Rights Act of 1964, many additional anti-discrimination laws have been enacted at both the state and federal levels. Among other things, the state and federal discrimination laws prohibit discrimination against applicants and employees based on their protected characteristics. Without workplace discrimination laws, employers would be allowed

What Are the Five Major Employee Rights in the Workplace?

What Are the Five Major Employee Rights in the Workplace?

While most people know that employees have rights, many are not aware of what they are. There is a knowledge gap between the rights employees have under state and federal law and what they understand that they have. Applicants and employees need to understand their rights so that they can protect them. Here is some