Cherry Hill Employment Lawyers

Federal employment laws were created to protect workers and provide them with certain rights in the workplace. Some prevent and address sexual harassment and discrimination, while others pertain to receiving equal pay, sick leave, wages, and whistleblowing. Almost all states have adopted similar laws that offer workers additional protections, including New Jersey. Many of these regulations are similar to federal civil rights laws and may offer additional safeguards.

Earned Sick Leave in New Jersey

As of October 2018, employers must allow 40 earned hours of sick leave for full-time, part-time, and temporary employees, including caring for one’s self and family members. For every 30 hours an employee works, they earn one hour of sick time, which employers may advance to their workers. Qualifying situations include attending a child’s school event; routine medical appointments; dealing with sexual or domestic violence; or if the employee or a family member is ill.

This law applies to companies of all sizes, and there is no minimum number of employees needed for compliance. Out-of-state employers that employ workers within New Jersey must comply as well, but some public employers may be exempt.

New Jersey’s Family Leave Act

The New Jersey Family Leave Act (NJFLA) provides up to 12 weeks of job-protected leave in a 24-month period for employees that need job-protected time off to care for a newborn child or family member with a serious health problem. This applies to a child, adopted child, grandchild, parent, grandparent, parent-in-law, sibling, blood relative, or spouse. It can also apply to someone who is the equivalent of being a family member.

New Jersey’s Equal Pay Act

As of July 2018, all employers entering into contracts with the State of New Jersey or agency of the State are required to submit demographic and wage data for every employee to the Department of Labor and Workforce Development under the Diane B. Allen Equal Pay Act. This must include job category, compensation, number of hours worked, race, gender, and ethnicity. This information is then made available to the Department of Law and Public Safety’s Division on Civil Rights (DCR). When unlawful discrimination claims are made under the Equal Pay Act, they can then be handled by the DCR.

New Jersey Discrimination Laws

The New Jersey Law Against Discrimination (NJLAD) applies to public and private employers, labor organizations, and employment agencies that have one or more employees. Fraternal clubs, social clubs, and religious organizations are exempt. Workplace discrimination and harassment based on an employee’s age, sex, gender identity or expression, sexual orientation, race, color, creed, nationality, pregnancy, and marital status are all illegal. This extends to credit and business contracts, housing, and places of public accommodation. New Jersey’s Equal Pay Act covers employees in protected classes under the NJLAD, ensuring that they receive the same pay for equal work as employees of non-protected classes.

Sexual Harassment

New Jersey employees that experience workplace sexual harassment and abuse are also protected by state and federal laws. Employers and co-workers that make unwelcome physical or verbal advances, request sexual favors, or exhibit other forms of unacceptable behavior are in violation of the NJLAD. Examples include quid pro quo and insulting an employee or denying them a promotion because of their gender.

The Whistleblower Act

The Conscientious Employee Protection Act is in place to shield employees from retaliatory actions by employers regarding the following situations:

Revealing to a manager or public body that a company’s or colleague’s actions violate laws or other legal regulations. This also covers licensed or certified health care professionals who report improper and poor patient care.
Testifying or providing information to a public body as part of an inquiry, hearing, or investigation into law violations. This also applies to licensed or certified health care professionals.
Offering information pertaining to misrepresentation, fraud, or deception regarding clients, investors, shareholders, other employees, government entities, patients, pensioners, or retirees.