Employment Law

June 1, 2020

The State of New Jersey requires businesses which reopen to be in compliance with all guidelines and directives issued by the New Jersey Department of Health (NJDOH), the Center for Disease Control (“CDC) and the Occupational Health and Safety Administration (“OSHA”) for maintaining a clean, safe ...

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If you are getting unemployment insurance, that means that you have indicated that you are presently able to return back to work. So, if you are being offered suitable work (e.g. same or similar title, pay, weekly hours, etc.) and you refuse, it is likely that you would subsequently be denied any ...

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Assembly Bill 3848 Enacted into Law An employer shall not terminate or penalize an employee who takes time off for a specified period based on the written recommendation of a health care professional licensed in New Jersey because the employee has or is likely to have COVID-19 which may infect ...

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New Jersey unemployment regulations have been expanded to help more residents in this time of national crisis. If you are an individual who has become unemployed, you are likely eligible for unemployment compensation if you fall into one of the following categories: Full time employees who ...

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Reinstatement after isolation from coronavirus quarantine. New Jersey law provides that any person who has been placed in isolation or quarantine and who at the time of quarantine or isolation was employed, shall be reinstated to their employment at the same status, seniority and job status, ...

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Under New Jersey law, services performed by an individual for compensation shall be considered an employee unless that individual meets the criteria of the ABC test. The ABC test begins with the presumption that a worker is an employee, thereby placing on the employer the burden of proving ...

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Earlier this year, New Jersey passed a very important amendment to the state’s Law Against Discrimination (“LAD”).  Enacted in response to the #MeToo movement, the law now prohibits waivers of victim’s rights in discrimination cases, including the right to sue in court and be heard by a jury. The ...

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In August of this year, the New Jersey Legislature enacted a new wage theft law that is considered one of the strongest in the nation. This is very good news for employees who work in the State of New Jersey. If your employer does not pay you, or pays you less than you are owed in wages or ...

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1. I Can Sue My Employer Simply Because of his/her Hostile Attitude. An unlawful “Hostile Work Environment Harassment” means conduct and speech that is intimidating, offensive, abusive and/or otherwise offensive, going beyond rudeness or casual joking because of a person’s membership in a ...

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Has your employer failed to pay you all wages, compensation and benefits due? Has your employer failed to pay you on time? Has your employer retaliated or discriminated against you for complaining about unpaid wages and compensation? If so, a new wage and hour law passed this month ...

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New Jersey’s employees won a huge victory on March 18, 2019. Governor Murphy signed into law Senate Bill No. 121. The new law bars provisions in employment contracts that waive rights or remedies under New Jersey’s Law Against Discrimination (LAD). The law also bars agreements that conceal details ...

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This law, which went into effect late last year, provides that full time employees working in NJ have a right to earned sick leave. Specifically, your employer must provide you with a total of 40 hours of earned sick leave every benefit year. Your sick leave accrues at the rate of 1 hour for ...

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Who is Eligible? If your employer has 50 or more employees within a 75 mile radius of your worksite, and you have been working full time (i.e., at least 1,250 hours) for the entire 12 months prior to the start of an FMLA leave, then you are eligible to go out on an FMLA leave. What can an ...

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Big changes are in store for New Jersey’s workplaces, with dramatic legislation aimed at improving conditions for New Jersey’s workers. These changes include the enactment of New Jersey’s Equal Pay Act, a new law to help the unemployed, and passage of New Jersey’s Paid Sick Leave Act. Most likely ...

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1. My employer is obligated to come up with a good reason before they can fire me. WRONG – If you are an at-will employee, the vast majority of the time, your employer will not need a reason to fire you. Nor is your employer obligated to let you know what that reason is. 2. If I can refute ...

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New Jersey is an "at-will" employment state. That means that if you are not in a union, have vested tenure or civil service rights or a personal employment contract that limits your termination to being "for cause" only, then your employer can pretty much fire/lay you off for any reason, including ...

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New Jersey recognizes two forms of sexual harassment. The first is call quid pro quo harassment.The phrase is Latin and means a solicitation for sex in return for something, such as a promotion, raise or just being allowed to stay employed. Essentially, the victim receives a sexual proposition at ...

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Have you been mistreated, harassed, abused, discriminated against or retaliated against by your employer? Watch this video to learn how Westfield employment attorney Fred Shahrooz-Scampato, who for the last 25 years has aggressively represented employees, can help you. If you are the victim ...

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What do employment law attorneys look for when selecting a harassment or discrimination case on a contingency fee basis? Likable and competent client – charisma and competency add value to a case, lending credibility to the plaintiff’s story. A direct statement or overt act against the ...

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Today I am going to discuss what it entails to raise workplace claims against an employer in New Jersey State Court. You will see that there is no one answer that applies to all types of claims. Nor can there be any exact gage of how much time a workplace claim will take from start to ...

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In a room where people unanimously maintain a conspiracy of silence, one word of truth sounds like a pistol shot. - Czesław Miłosz   What to do if you uncover illegal or fraudulent activities at your workplace? Perhaps you work for a trucking company and your employer is intentionally ...

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Have You Been Properly Classified As an Independent Contractor or an Employee? Some companies incorrectly call workers “independent contractors” when they are actually employees. It is important for you to know the difference between the two because employees are legally entitled to greater ...

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No, only certain types of harassment complaints are protected by law. If your harasser, however, has subjected you to a hostile work environment because of your membership in a recognized “protected class," then you may bring a claim for harassment.     In other words, if it would be true for ...

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Four or five moments - that's all it takes to become a hero. Everyone thinks it's a full-time job. Wake up a hero. Brush your teeth a hero. Go to work a hero. Not true. Over a lifetime there are only four or five moments that really matter. Moments when you're offered a choice to make a sacrifice, ...

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The answer is and will always be the same – NOW is the time to consult with an experienced employment law attorney about harassment and/or discrimination in your workplace. Here are the main reasons: Under certain circumstances if you don’t complain about harassment and, instead, decide to ...

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Sexual and gender harassment have been around for as long as women have been in the workplace. While New Jersey is a progressive state to work in, being here does not ensure that the workplace will be free of harassment against women. The purpose of this article is to define the different forms of ...

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Q. What do I do if someone starts sexually harassing me at my job?   1. Memorialize all of the event(s) down in writing. Imagine yourself as a police detective writing an incident report. Describe in full detail what happened. Who was involved and who witnessed it? When did the ...

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The firm is proud to announce that Fred Shahrooz-Scampato, Esquire, has been chosen for a second year in a row, to receive the distinguished honor of Employment Litigation: Plaintiff by Super Lawyers Magazine. Each year, no more than five percent of New Jersey lawyers receive inclusion into ...

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This month, on a first come, first served basis, the Law Office of Fred Shahrooz Scampato is offering a free review of existing employment handbooks for any private business located in Union County, New Jersey. Fred Shahrooz-Scampato, Esquire, will sit down with your office manager or HR ...

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One of the most common claims that I have been dealing with during the past 20+ years as an employment law attorney involves an employee who is fired while out sick or on disability. The purpose of this article is to help you maximize your efforts to stay employed while ill or ...

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