Workers sometimes experience a disconnect between their voting rights and the status of their employment. Workers who vote, are choosing who will draft and pass legislation that maintains, restricts or expands their rights as employees and other civil rights.
When workers cast their ballots for the persons they want to have represent their interests in state and federal governments, they are voting for the representatives of their choice who have the power to ultimately draft, promote and vote on passing Federal and State laws that expand their rights as workers and other civil rights. Voting is serious business and is an opportunity that should not be passed up for any reason. A decision to refrain from voting for the federal and state representatives of your choosing may be giving a “pass” to future or current state or federal legislation that will restrict your rights.
If you think your employer is discriminating or committing illegal acts against you, you should contact this office immediately for a free consultation. I am an experienced and successful employment attorney who can advise you as to your options and the best course of action for you.
FEDERAL EMPLOYMENT LAWS
Voting for Federal Representatives and Your Employment Rights - Federal Laws Mandate Many Protections for Workers.
The two houses of Congress are comprised of 100 Senators in the US Senate and 435 Representatives in the US House of Representatives. New Jersey elects two Senators and twelve US Representatives in the House of Representatives out of the total. Conduct your own research, and if you vote for the persons you want in Congress to represent your interests in maintaining and advancing employee rights, you are casting your ballot in a manner to protect your essential employment rights, and to promote future legislation to expand your workplace rights.
Sample of Federal Laws Affecting Employees (Note: the following list is a small, abbreviated general description of the law which does not apply in every situation.)
Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFASASHA)
In March 2022, Congress enacted EFASASHA, a law that precludes employers from requiring employees to arbitrate disputes related to sexual assault or harassment.
Title VII of the Civil Rights Act of 1964 protects employees and job applicants from discrimination in the workplace based on the following factors: race, color, religion, sex, including pregnancy, sexual orientation, and gender identity, national origin. Title VII prohibits discrimination in many areas of employment, including hiring, termination, promotion, compensation, job training, and assignments. Title VII also protects employees from retaliation if they file a discrimination charge, participate in an employment discrimination proceeding, and reasonably oppose discrimination. You may read about age discrimination in NJ Age Discrimination Attorney, I Think I Was Fired Because of My Age, How Can I Prove It?
Family and Medical Leave Act (FMLA). The FMLA allows eligible employees to take unpaid leave to care for family or personal medical reasons. This law protects their employment position and health benefits for a time period. You may read more on the FMLA in NJ FMLA Attorney, Family Leave to Care for Mother-in-Law, Father-in-Law.
Fair Labor Standards Act, (FLSA), Federal Wage and Hour Law. The FLSA is far-reaching law which establishes numerous requirements to be followed by employers in their treatment of employees. Wage and hour laws are regulated at a federal level by the Fair Labor Standards Act 1938, also known as the Federal Wage and Hour Law. The Act establishes the federal minimum wage; regulates working hours, overtime, equal pay, and recordkeeping; and restricts child labor.
Occupational Safety and Health Act. This law mandates that work environments are safe for workers, so as to not to incur bodily injuries at work, or work in an environment that impairs their short-term or long-term health. OSHA also prohibits employer retaliation for employee whistleblowing. You may read more on whistleblowing in New Jersey Whistleblower Laws Attorney.
Pregnant Workers Fairness Act (PWFA). The PWFA was signed by President Biden on December 29, 2022, which federal law applies to all states and went into effect on June 27, 2023. The PWFA promotes maintaining the economic security for, and promotes the health of pregnant and postpartum workers by providing them with the reasonable accommodations needed for access to support on the job to enable them to keep working. You may read more on the PWFA in NJ Pregnancy Discrimination Attorney, Pregnant Worker Terminated or Pressured into Resigning.
Age Discrimination in Employment Act of 1967. This law protects covered employees and applicants over 40 from discrimination based on age.
Americans with Disabilities Act. This law prohibits discrimination against workers with disabilities. It also requires employers to make reasonable accommodations for a worker’s disability, be it temporary or permanent disability, to allow them to keep working.
Migrant and Seasonal Agricultural Worker Protection Act (MSPA)
The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) protects migrant and seasonal agricultural workers by establishing employment standards related to wages, housing, transportation, disclosures and recordkeeping. The MSPA also requires farm labor contractors to register with the U.S. Department of Labor. Migrant workers are among the most exploited of the US workforce.
The Equal Pay Act of 1963, amending the Fair Labor Standards Act. This protects against wage discrimination based on sex. The Equal Pay Act protects individuals of all sexes. All forms of compensation are covered, including salary, overtime pay, bonuses, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits. If there is an inequality in wages between people of different sexes who perform substantially equal jobs, employers must raise wages to equalize pay but may not reduce the wages of other individuals.
Lilly Ledbetter Fair Pay Act of 2009. On January 29, 2009, President Obama signed the first piece of legislation of his Administration: the Lilly Ledbetter Fair Pay Act of 2009. This law overturned the Supreme Court's decision in Ledbetter v. Goodyear Tire & Rubber Co., Inc., which severely restricted the time period for filing complaints of employment discrimination concerning compensation.
Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). This Act prohibits genetic information discrimination in employment, took effect on November 21, 2009. Under Title II of GINA, it is illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts employers and other entities covered by Title II (employment agencies, labor organizations and joint labor-management training and apprenticeship programs - referred to as "covered entities") from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information.
Whistleblower Protection Act of 1989 and the Whistleblower Protection Enhancement Act of 2012. Section 2302(b)(8) of Title 5, United States Code, as amended by the Whistleblower Protection Act of 1989 and the Whistleblower Protection Enhancement Act of 2012 protects whistleblowers, governing disclosures of illegality, waste, fraud, abuse or public health or safety threats.
NEW JERSEY EMPLOYMENT LAWS
New Jersey has the most progressive pro-employee laws in the United States. Conduct your own research, and if you vote for state officials who want to maintain and advance employee rights, you are casting your ballot in a manner to protect your essential employment rights.
Similar to that of the United States, the State of New Jersey government is divided into three branches: the legislative, the executive, and the judicial. The principal function of the Legislature is to enact laws. The Executive Branch (the Governor, Lieutenant Governor and State agencies) carries out the programs established by law.
There are forty Legislative districts In New Jersey. The NJ Legislature consists of two Houses: a 40-member Senate and an 80-member General Assembly. Legislators are elected from 40 legislative districts of substantially equal population. The voters in each district elect one Senator and two members of the General Assembly. Legislative elections are held in November of each odd-numbered year. Members of the Assembly serve two-year terms. Senators serve four-year terms, except for the first term of a new decade, which is only two years. This "2-4-4" cycle allows for elections from new districts as soon as possible after each reapportionment.
An Abbreviated Sample of Progressive Pro-employee New Jersey Laws
Diane B. Allen Equal Pay Act. This New Jersey law is the most aggressive equal pay law in the United States. It protects women and minorities from pay disparity when their job title differs from non-protected classes who do substantially similar work. To read more on this law, click on Unequal Pay and Wage Claims - Diane B. Allen Equal Pay Act.
New Jersey Conscientious Employee Protection Act. In New Jersey, the New Jersey Conscientious Employee Protection Act (CEPA) is among the most far reaching and strongest whistleblower protection in the country. You may read more on CEPA in New Jersey Whistleblower Laws Attorney.
The New Jersey Law Against Discrimination is the most progressive anti-discrimination law for employees in the U.S. It prohibits employers from discriminating against or harassing employees based on their sex, gender, sexual orientation, race, age, color, disability, marital status, national origin, pregnancy, religion, ancestry, and veteran or military status. It prohibits employers from retaliating against employees for reporting or complaining about what they reasonably believe was unlawful discrimination or harassment. You may read on how this law protects employees based in sex, which includes prohibits harassment based on sex, including Sexual Orientation Harassment; and Transsexual Harassment, Gender Identity or Gender Expression Harassment in Bergen County, New Jersey Sex Discrimination Lawyer.
The New Jersey Wage and Hour Law This law incorporates much of the Fair Labor Standards Act, defines the circumstances by which employees are exempt from the right to receive overtime payments. Unscrupulous employers offer prospective or current employees a “Manager” position to avoid paying them overtime wages that the employers are legally obligated to pay the workers. See NJ Employment Lawyer, Contrived Fake Manager Title to Avoid Overtime Wages.
A few of the most common pro-employee NJ state laws also include:
New Jersey Wage Payment Law
New Jersey Unemployment Compensation
New Jersey WARN Act
Workers' Compensation Law
The Family Leave Act
Emergency Responders Employment Protection Act
Temporary Disability Benefits Law
Don’t Sit on Your Rights
I have represented public and private employees who were discriminated against, harassed, cheated out of legal wages, pushed out of their jobs for illegal reasons and was successful in recovering financial compensation for their emotional pain and suffering and moneys for lost wages, both for past lost wages and projected future lost wages. If you think you are being pushed out of your job for illegal reasons or cheated of wages, you should contact this office immediately for a free consultation. I accept discrimination and whistleblower cases from all over New Jersey and have locations in Southern, Central and Northern NJ to meet with clients.
If You Quit Your Job, You May Lose Right to Prevail in a Lawsuit
In many instances of discrimination, if you quit your job, you may lose right to prevail in a lawsuit unless you first take certain legally required measures to preserve your job while you are still employed. If you are thinking of handing in a resignation letter, or think you will be fired (or have already been terminated), you should contact this office immediately for a free consultation to discuss your options.
Hope A. Lang, Attorney at Law represents workers throughout the entire state, including Hackensack, Jersey City, Newark, Irvington, Orange, East Orange, Trenton, Paterson, Montclair, Elizabeth, North Brunswick, Cherry Hill, Vineland, Union, Plainfield, Hamilton Township, Lakewood, Edison, Parsippany-Troy Hills, Franklin, Lakewood, and every NJ County, including Bergen, Hudson, Middlesex, Essex, Monmouth, Somerset, Ocean, Union, Camden, Passaic, Morris, Gloucester, Atlantic, Burlington, Camden Counties.