Category Archives: Employment

Information about labor & employment laws supporting both employers and employees

How to Know If Your Termination Was Illegal

Though most employers have an “at-will” clause in their employment agreements, you can still take legal action if you believe you were wrongfully terminated. “At will” employees can be terminated from job positions at any time, but there are exceptions to the “at-will” rule that can assist you in taking legal action. Exception #1: Written Contracts If there is a written contract that states the duration of employment or other clauses such as firing being dependent on good cause, then you may have a strong case for wrongful termination in court. Exception #2: Implied Contracts This exception to the “at-will” rule is not as strong of an argument as a written contract. However, it may be used in court for your wrongful termination claim. The courts may consider the length of employment, promotions and performance reviews. Exception #3: Infringement on Public Policy Employers cannot terminate a position for participating in…
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Are Non-Compete Agreements Enforceable in New Jersey?

Non-compete agreements are not always necessary for a business. There are, however, times when having key employers sign an NCA is critical to a business’s success. Courts can change these non-disclosure agreements, though, and will not always enforce them. New Jersey courts can consider the enforceability of an NCA for an employer to use it against a former employee. In doing so, there are certain factors they consider. Factors of Enforceable Non-Compete Agreements Non-compete agreements are generally enforceable in New Jersey so long as they are reasonable in scope and duration. This is primarily because New Jersey does not want to restrict trade. The court will only enforce non-competes, therefore, that are defined narrowly. There are three primary factors New Jersey courts use to determine if a non-compete agreement is reasonable. First, the primary focus of the NCA must be to protect the legitimate business interest of the employer. This includes…
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How to Prevent Wage and Hour Lawsuits from Costing Your Business

Many employers are not clear on how to classify some of their employees and can run the danger of misclassification. These types of errors can lead to extremely costly wage and hour lawsuits that could do significant damage to any business. How Common Are Wage and Hour Violations? According to the Department of Labor, there have been more than 150,000 complaints of wage and hour violations since 2007. Of those, over 115,000 were found to be substantiated claims. More than 60 percent of the violations listed were pertaining to FLSA violations, including back wage payments and overtime law violations. In total, the back wages were in excess of $1.5 billion with another $75 million in civil penalties. How Can I Prevent Wage and Hour Lawsuits? There are a few ways to go about making sure that your company remains in compliance with wage and hour employment law, including: Training –…
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What Could a New Jersey Strike Mean for Your Business?

Last week, the New Jersey Transit was able to come to a temporary agreement with its workers, narrowly preventing a strike that could have shut down all rail traffic going out of the state. Those who own businesses in New York as well as New Jersey no doubt breathed a collective sigh of relief, knowing that their employees would still be able to commute to work come Monday. However, the incident has brought the issue of strikes into public consciousness, and many business owners are wondering what they should do in the event of a New Jersey strike. What is a Strike and How Can It Happen? A strike is a legal way for workers to protest policies or decisions by their employer by temporarily stopping work. This does not apply to most businesses, because only unions, like those joined by the New Jersey rail workers, can organize a legal…
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What Are the Best Ways to Retain Valuable Employees?

Any good business owner will tell you that the key to success is learning how to retain valuable employees. A high rate of employee turnover can cripple your business, never allowing the company to flourish. Employees are your most valuable asset as a business owner. Here are some tips on how to keep them around. Top 5 Ways to Retain Valuable Employees Forge a Relationship – Building a healthy and fun relationship between you, management, and the employees is a great way to reduce employee turnover rates. Hire the Right Person – That expression “square peg in a round hole” works for employees, too. Hire the right person for the right job rather than hiring someone who can do the job but is better suited doing something else. Offer Better Benefits – Employment studies show that the workforce today, particularly millennials, are more attracted to jobs with better perks and…
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