Bergen County Employment Lawyers

The relationship between employers and employees is generally one of mutual benefit. However, circumstances can arise that pit one side against the other, possibly escalating to a legal conflict. At Feitlin, Youngman, Karas & Gerson, LLC in Glen Rock, our New Jersey employment lawyers work to resolve conflicts on terms favorable to our clients, whether they are employers or employees. We draw on decades of experience to find creative solutions that uphold our clients’ rights. When negotiation, mediation, or arbitration does not produce fair settlements, our talented trial lawyers are prepared to pursue justice in court.

Employment Lawyers Serving Clients in Northern New Jersey

When employers violate these state and federal regulations, their workers have the right to seek remedies either through administrative agencies or in court. In our employment law practice, the issues we most frequently manage for our clients include:

• Wrongful termination: Most employment in New Jersey is at will, meaning that either party can terminate the relationship for any lawful reason or no reason at all. However, companies cannot fire employees for exercising protected rights, filing a legitimate grievance, or acting as a whistleblower. They also cannot fire workers based on discrimination against a legally protected group.
• Wage and hour violations: Employers must pay workers at least the minimum wage and overtime, according to state and federal rules. Conflicts often arise when employers demand “off the clock” work, and miscategorize workers as independent contractors or management to avoid paying overtime.
• Retaliation: Employers may not discipline workers for reporting misconduct or exercising a protected right of employment.
• FMLA and NJFLA claims: The federal Family and Medical Leave Act (FMLA) allows certain employees to take up to 12 weeks of unpaid, job-protected leave per year and to maintain their eligibility for health insurance during this period. The New Jersey Family Leave Act provides a separate 12 weeks of job-protected family leave in a 24-month period.
• Discrimination: Employers may not discriminate in hiring, firing, promotion, or any job benefit on the basis of certain legally protected factors, including race, ethnicity, sex, sexual orientation, national origin, age, and disability.
• Sexual harassment: Employers cannot allow supervisors to make quid pro quo demands for sexual favors of subordinates or create a hostile work environment based on sexual talk or behavior.

Our Bergen County lawyers provide reliable guidance on the law for employers, as well as determined representation for parties on either side of an employment dispute.

Helping Workers Understand Their Rights

Rights that New Jersey workers have include:

• Reasonable accommodations for disabilities
• Reasonable accommodations for pregnancy
• Unpaid leave to care for a sick family member
• Unpaid leave to care for a newly born or adopted child
• Freedom from discrimination against legally protected groups
• Workers’ compensation coverage from the first day of employment
• State minimum wage of $15.92 for most employees and $15.23 for seasonal employers and small businesses with fewer than 6 workers, with time-and-a-half overtime for nonexempt employees
• NJ WARN Act protections during large layoffs, including 90 days’ notice and severance of one week’s pay per year of service
• CROWN Act protections allow individuals to wear their preferred hairstyles
• OSHA-compliant working conditions

If you feel any of your rights have been violated, and your employer has not remedied the situation, you should speak to an employment lawyer at our firm.

Paid Sick Leave Every New Jersey Employer Must Provide

The New Jersey Earned Sick Leave law requires employers of every size to provide up to 40 hours of paid sick leave per benefit year, accrued at one hour for every 30 hours worked. It covers full-time, part-time, and temporary workers alike, and retaliation for using it is prohibited.

Mischaracterization Of Freelancers Or Independent Contractors

As the “gig economy” grows, more workers are earning a living as independent contractors. Employers usually do not have to provide benefits or overtime to these workers. However, some employers unlawfully mischaracterize workers to evade those responsibilities and reduce their taxes. If the work you do deserves to be labeled employment, our attorneys can evaluate your situation and advise you on the best course of action.

Can I Be Fired for No Reason in New Jersey?

Usually, yes. New Jersey is an at-will state. But a firing becomes unlawful when the real reason is protected, such as race, age, disability, or pregnancy under the New Jersey Law Against Discrimination (NJLAD), or because you reported wrongdoing, which the Conscientious Employee Protection Act (CEPA) protects. NJLAD claims carry a two-year deadline in court; CEPA allows only one year.

Contact Our New Jersey Employment Lawyers

If you’re facing an employment-related concern of any kind, please don’t hesitate to contact the skilled Bergen County employment lawyers here at Feitlin, Youngman, Karas & Gerson, LLC for assistance.