Have you ever been treated unfairly by your employer in New Jersey (NJ)? If you have, you know how stressful and daunting the experience can be, but fortunately, there are numerous laws in place that can help you get the justice and treatment you deserve. When you understand the most common employment law violations in NJ, you know how to protect yourself and your rights, which is important for employees everywhere. Here’s some information on the most common employment law violations in New Jersey and some actionable steps to protect your rights.
Wage and Hour Violations
One of the most frequent employment law violations in NJ involves wage and hour issues. These violations can take several forms, including:
- Misclassification of Employees: Employers sometimes misclassify workers as independent contractors, so they don’t have to pay them overtime or provide benefits. This practice is illegal if the worker meets certain criteria that classifies them as an employee.
- Failure to Pay Overtime or Minimum Wage: New Jersey law mandates that non-exempt employees must be paid overtime for hours worked over 40 in a week. Some employers, however, fail to pay overtime or even the state-mandated minimum wage, which is currently $15.13, higher than the federal minimum.
- Illegal Deductions or Withholding Wages: Employers may unlawfully deduct wages for uniform costs, damages, or other reasons not permitted by law. In some cases, employers withhold wages entirely, which is a direct violation of NJ law.
How to Protect Yourself
If you think any of the above happened to you, here’s how to address wage theft in NJ: start by documenting all hours worked and any communication with your employer about your wages. You can file a complaint with the NJ Department of Labor and Workforce Development or meet with an employment attorney who specializes in NJ labor law.
Discrimination and Harassment
Despite decades of attempts to eradicate them, discrimination and harassment remain persistent issues in many workplaces across NJ. Under the New Jersey Law Against Discrimination (NJLAD), it’s illegal for employers to discriminate based on race, gender, age, disability, religion, sexual orientation, and other protected characteristics. Harassment, including sexual harassment, is also prohibited when it creates a hostile work environment.
- Racial and Gender Discrimination: Despite legal protections, employees still face discrimination in hiring, promotions, pay, and job assignments based on race or gender.
- Disability Discrimination: Employers are required to provide reasonable accommodations for employees with disabilities. Failing to do so or discriminating against employees because of their disability is illegal.
- Sexual Harassment: This includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
How to Protect Yourself
If you experience discrimination or harassment, document each incident, including dates, times, and witnesses. When you’re reporting workplace discrimination in New Jersey, bring it to your HR department or supervisor first. If they don’t take appropriate action, you can report employment law violations to the EEOC or NJ Division on Civil Rights, or speak with an employment attorney.
Retaliation and Whistleblower Violations
When an employer punishes an employee for engaging in legally protected activities, such as reporting illegal practices, safety violations, or discrimination, that’s called retaliation and is also illegal under employment law NJ. New Jersey’s Conscientious Employee Protection Act (CEPA) protects whistleblowers from retaliation.
- Common Retaliatory Actions: Employers might retaliate by demoting, terminating, or harassing employees who report violations. These things are illegal and can be challenged in court.
- Whistleblower Protections: CEPA provides strong protections for employees who report workplace misconduct, including the right to sue for damages if they’re retaliated against.
How to Protect Yourself
If you think you’ve been a victim of retaliation, keep detailed records of your job performance and any actions you believe to be retaliatory. CEPA allows you to file a lawsuit against your employer, so think about speaking with an employment law NJ attorney to explore the legal avenues available to you.
Violations of Leave Laws
As an employee in New Jersey, you’re entitled to leave from your job if you need time off for medical reasons or to care for family members. However, New Jersey earned sick leave law violations are pretty common.
- NJ Earned Sick Leave Law: This law requires employers to provide up to 40 hours of paid sick leave every year. Some employers fail to comply by denying sick leave or retaliating against employees who take it.
- NJ Family Leave Act (NJFLA): The NJFLA allows eligible employees to take up to 12 weeks of unpaid leave to care for a family member. Violations occur when employers deny this leave or take punitive actions against employees who request it.
How to Protect Yourself
Make sure to have an understanding of your rights under NJ leave laws. If your leave request is denied, or if you face retaliation, document the incidents and think about filing a complaint with the NJ Division on Civil Rights or consulting an attorney.
Non-Compete Agreements and Worker Rights
If you work in NJ, you may be subject to a non-compete agreement. These are contracts that restrict employees from working for competitors or starting a competing business after leaving a job. While these contracts are allowed in NJ, they’re subject to certain NJ non-compete agreement laws that state they must be reasonable in scope and duration. Overly restrictive non-compete clauses can make it more difficult to find new employment.
- Unlawful Non-Compete Clauses: If there are unreasonable geographic or time restrictions in a non-compete agreement, it may be unenforceable in NJ.
- Recent Legal Developments: The Federal Trade Commission (FTC) has proposed a rule that could significantly limit the enforceability of non-compete agreements nationwide, including in NJ.
How to Protect Yourself
If you’re asked to sign a non-compete agreement, make sure to read it carefully. If you think the terms are overly restrictive, have an attorney look it over before signing. An attorney can also help you challenge the enforceability of any non-competes you’re already subject to.
Navigating Violations of Employment Law NJ
An understanding of common employment law violations in NJ protects you from unfair treatment in the workplace. Whether it’s wage theft, discrimination, retaliation, or violations of leave laws, knowing your rights and taking proactive steps can help you advocate for yourself and get the justice you deserve. If you think you’ve been subject to any violations, don’t hesitate to seek legal advice to explore your options.
When you stay informed and vigilant, you can navigate the complexities of NJ employment law and protect your rights in the workplace.
