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Thursday, February 20, 2020

Black Civil Rights Activists, the 1961 Freedom Riders, Black History Month


James Farmer dedicated his life to the advancement of civil rights for blacks. He was one of the Founders of the Congress for Racial Equality, CORE, in 1942 and is considered one of the most influential of the civil rights leaders of the 1960's along with Dr. Martin Luther King, Jr., Roy Wilkins, Chief of NAACP, and Whitney Young. He was born in 1920 and died in 1999 at age of 79.


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Monday, February 10, 2020

NJ IT Specialists and High-End Professionals under Proposed Legislation


https://www.njleg.state.nj.us/2018/Bills/S4500/4204_I1.


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Monday, January 27, 2020

NJ Independent Contractors and Whistleblowing, Am I Protected? Labels Can Be Illusory, Part 3


New Jersey's Conscientious Employee Protection Act (CEPA), N.J.S.A. §§ 34:19-1 to -8, defines an "employee" as any individual who performs services for and under the control and direction of an employer for wages or other remuneration.


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Monday, January 20, 2020

NJ Independent Contractors and Whistleblowing, Labels Can Be Illusory, Part 2


When one is determining a worker’s status, labels of “independent contractor” or “employee” can be illusory as opposed to illuminating. As discussed in the last article, NJ workers who have been classified by their employers as “Independent Contractors” but who are essentially “Employees”, ask if


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Monday, January 13, 2020

NJ Independent Contractors and Whistleblowing, “Am I Protected from Retaliation?” Part 1


The New Jersey Senate introduced a bill to distinguish the classifications between “employee” and “Independent Contractor” for the purposes of NJ Wage and Hour laws. Workers, particularly high-end professionals such as IT managers etc., who are classified by their employers as “independent contractors” wonder if this new legislation will offer them protections from retaliation if they whistleblow on their employer’s illegal acts. In many instances, this legislation is unlikely to make a difference due to the evolution of the law by the NJ courts in determining cases brought under NJ’s whistleblower statute, The Conscientious Employee Protection Act, “CEPA”.

This new proposed legislation attempts to prevent widespread practice of mis-classification by employers of their workers, calling them, “independent contractors” when the workers are essentially employees.


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Thursday, January 2, 2020

NJ Independent Contractor and Employee Classifications under New Senate Bill


Many workers feel that they are in a gray zone as to their job classification as to whether they are an independent contractor or employee. As the classification relates to whistleblower to discrimination laws, even an employer’s failure to withhold Federal or State income taxes, pay unemployment compensation contributions or workers' compensation premiums will not necessarily be determinative as to whether the workers are covered under the protection of state whistleblower and discrimination laws.

A new Senate bill proposes to tighten the definition of independent contractor for clarity for both employers and employees. This was prompted by rampant abuses by some employers who did not classify workers as employees so as to not have to adhere to NJ Wage and Hour Laws, not contribute to the workers’ social security and other benefits, and not have the workers be covered under the safety umbrella of employee protection statutes. The language of the proposed amendment however will not necessarily end the confusion as to the proper classification in many industries and may actually add to the confusion in some instances.


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Thursday, December 26, 2019

Help for NJ Employees Who Have Not Been Paid Overtime: Wage Theft Act-Part 2, NJ Wage and Hour Law Amendments


As discussed earlier, the toughest wage theft statute in this country was signed into law this year by Acting Governor Sheila Oliver. The New Jersey Wage Theft Act amends three existing statutes which address employee wages and numerous New Jersey criminal statutes. The drafting of the various provisions of the NJ Wage Theft Act is complex and time will how one or more of the new amendments will affect the others. The three amended statutes effected by this Act are: 1) N.J.


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Thursday, December 19, 2019

NJ Employees and Wage Theft Act-Part 1, NJ Wage Payment Law Amendments


Acting Governor Sheila Oliver signed the New Jersey Wage Theft Act into law earlier this year. This Act is considered by many to be the toughest wage theft statute in the US.The New Jersey Wage Theft Act amends many of NJ’s existing civil and criminal statutes and three employment statutes mandating wages:

Two of the amended statutes addressing wages are:

1.) N.J.


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Friday, December 13, 2019

NJ Employees in Their 60's Feel Nervous about Retiring and Being Pushed out of Jobs


Employees in New Jersey and elsewhere may feel nervous about retiring in their 60's, even when they had previously planned retiring by age 65 or 66 when they were younger workers. Increased costs of living and shrinking pension benefits may be part of the cause of the nervousness for their wanting to extend their retirement age, but anxiety regarding the decision as to the best age to retire can be exacerbated if they perceive they are being pushed out of the workforce by their employer, that their self-determination of when they will choose retire is being taken away from them.

First, employees in NJ should know that in NJ, it is illegal for an employer to fire someone because of their age - even if they are “senior” citizen workers in their 70's and 80's etc. (I personally don’t care for that phrase- “senior citizens” - it’s unfortunately loaded with far too many negative connotations. Hoping that mainstream culture substitutes “venerable” or that something similar will eventually replace it.


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Wednesday, November 6, 2019

I Am a NJ, Non-Tenured, Pregnant Teacher; Does My Employer Have Right to Not Renew My Contract, to Not Rehire Me for the Next Academic Year? Part II


While Boards of Education have the right to choose which non-tenured teachers will have their contracts renewed and which they refuse to renew, the refusal cannot be based on illegal reasons. Motherhood is foremost for the continuation of the species! Pregnant women should be protected and supported, not discriminated against! As explained in 


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Wednesday, October 23, 2019

NJ Age Discrimination Employees and S.485, Protecting Older Workers Against Discrimination Act


Earlier this year, the US Senate introduced a bill, S.485, Protecting Older Workers Against Discrimination Act (POWADA). This bill amends the Federal Statute, the Age Discrimination in Employment Act (ADEA) of 1967 which would make it easier for age discrimination plaintiffs to prevail in lawsuits brought under the ADEA. This bill’s intent is to establish that it is an unlawful employment discrimination practice when the plaintiff demonstrates that age or participation in investigations, proceedings, or litigation under such Act was a motivating factor for any unlawful employer’s action, even if factors other than the age, or  participation in investigations etc., also motivated the employer’s action against the employee.


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