New Jersey Business Law eNewsletters

Ensuring Your New Jersey Business is ADA Compliant

The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination against individuals based on their physical or mental disabilities. The determination of what constitutes a physical or mental disability is made on a case by case basis, but the governing standard is any impairment that substantially limits a major life activity such as such as hearing, seeing, speaking, thinking, walking, breathing, or performing manual tasks. A Monmouth County business lawyer can help you comply with ADA requirements. Some of the more common categories the law covers include: Serious illnesses like cancer, multiple sclerosis or HIV Short-term physical impairments like a broken leg or ankle Long-term conditions that affect mobility like the use of a wheelchair or other mobility device Mental and emotional disabilities such as anxiety, eating disorders or depression Pregnancy The ADA requires business owners to refrain from discriminating against people with these impairments in all employment matters including,…
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Our Monmouth County Business Attorneys Discuss the Importance of Following Overtime Wage Laws

State and federal wage laws require employers to compensate nonexempt employees for the overtime hours they work. Employees covered by the Fair Labor Standards Act who are not exempt from overtime pay requirements are entitled to receive one and a half times their normal pay rate for all hours worked in excess of a regular 40-hour workweek. New Jersey overtime laws mirror FLSA rules, also requiring time and a half for nonexempt employees who work more than 40 hours in a single workweek. If you need assistance properly classifying your employees as exempt or nonexempt for overtime pay purposes, or if you are currently involved in an overtime pay dispute, an experienced Monmouth County business attorney can help. Overtime pay disputes often arise from: Misclassifying an employee as exempt or as a contractor Miscalculating overtime hours Failing to pay the correct overtime rate Offering time off in lieu of monetary…
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Study Finds Women Victims of Workplace Harassment for ‘Acting Like Men’

New Jersey Employment Lawyers on Workplace Harassment Recently, the results of a five-year study were revealed and the findings concerning what women are experiencing in the workplace were startling. Researchers polled over 1,000 women and men at various companies to collect the data used in the study, which was revealed in an article in Fusion. The study’s polling consisted of two questions: Do you hope to become top management at a big company? Do you believe you can become top management? The study results indicated that following two years on the job, men’s desire to and confidence they could become top management at a large company each dropped 10 percent. After two years working, women’s confidence in their ability to and aspiration to become top management at a big company on the other hand fell 50 percent and 60 percent respectively. A second study included in the Fusion article focused…
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What Is a Hostile Work Environment?

A hostile work environment exists when an employee or employees cannot reasonably perform their work duties due to the hostile actions of their co-workers and/or supervisors. Such actions might include: Sexual harassment Physical harassment Verbal harassment Threats or intimidation Discrimination based on an employee’s race, national origin, sex, gender, age, religion, disability, sexual orientation or other legally protected characteristic Retaliation for reporting safety violations, notifying upper management about an issue at work, filing a workers’ compensation claim, joining a union or acting as a whistleblower Retaliatory actions might include writing up employees for rules they didn’t break, changing employees’ schedules to include hours they can’t work, and reducing employees’ hours or cutting their pay. If you are being harassed, threatened, intimidated or discriminated against because of a legally protected characteristic, or if you are the victim of retaliation, you may have cause for an employment lawsuit. What Employees Should Do…
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