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Monday, July 9, 2018

Am I Doing Substantially Similar Work under New Jersey’s Diane B. Allen Equal Pay Act?


New Jersey’s Diane B. Allen Equal Pay Act takes effect on July 1, 2018. Employees who believe they are being paid less than their co-workers may wonder if they have a claim under this New Jersey law. The classes given protection under this new equal pay law are the recognized classes under the New Jersey Law Against Discrimination (NJLAD). The Diane B.


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Monday, July 2, 2018

My Boss Is Trying to Force Me Out: Experienced NJ Workers Afraid to Report Discrimination on 50th Anniversary of ADEA


This year brings the 50th Anniversary of the The Federal Age Discrimination in Employment Act (ADEA). The ADEA was signed into law in December 1967 and took effect in June 1968, 50 years ago. In spite of this long history, a US governmental agency which conducted a recent study on age discrimination in employment, issued a report that in spite of federal and state laws that prohibit age discrimination, approximately 97% percent of employees who experienced age discrimination on the job never reported the discrimination to their employer nor to any government agency.

The release of this shocking statistic however does not come as shocking news to many older New Jersey employees who regularly may be held to a higher standard, assigned heavier workloads, and receive lower wages than their younger and less experienced co-workers.

The results of this study also found that older workers are still stigmatized by unfounded assumptions about age and ability in spite of the fact that statistically older workers today are healthier and working and living longer and are far more educated than older workers of past generations.


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Monday, June 25, 2018

Should NJ Employees Be Paid Equally for the Same Type Job?


Women, blacks and other minorities are sometimes paid less than other co-workers if their employment position has a different name even if they are doing substantially similar work to others who are paid at a higher rate. Starting July 1, 2018, New Jersey employers must pay women, blacks and other protected classes the same as their other employees in non-protected classes for substantially similar work when viewed as a composite of skill, effort and responsibility. The Diane B. Allen Equal Pay Act, which was signed into law on April 24, 2018 by Gov. Phil Murphy, takes effect July 1, 2018.


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Tuesday, June 5, 2018

My NJ Employer thinks pregnancy and breastfeeding are incompatible with work


It’s no news to working women that many NJ employers think pregnancy, breastfeeding, and motherhood are incompatible with furthering the company’s business goals. Women have legitimate fears that once they inform their employer that they are pregnant, that their employer will discriminate against them in terms of promotions, training, and being given the tools and opportunities that are essential to excel in their field. At a time when a working women can least afford to lose her job because there will soon be another member of her family to support, it is cruel and tragic to terminate her employment or deny her the opportunities to learn, receive training and opportunities to excel that are afforded to other employees. Not only NJ Employers wrongfully perceive pregnancy, breastfeeding, and motherhood as being  incompatible with a worker’s productivity level, this despicable attitude continues to exist all over the country. By way of example, last week, a California dietary company, who was sued for allegedly firing numerous female employees because they were pregnant and/or not allowing them to return to work after the employees went out on maternity leave, settled the matter by agreeing to pay the multiple victims $50,000.


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Tuesday, May 15, 2018

When my NJ Employer Wants "New Blood"


Businesses understandably seek innovative and new practices to expand their profits and please shareholders. Public entity employers often want to be more effective in achieving their goals.

However, an employer seeking out "new blood" to implement their plan could be a euphemism demonstrating an intention to replace older workers with younger recruits.


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Tuesday, May 8, 2018

News for Employees: Senate Re-introduces New Jersey Bill to Ban All Employment Arbitration Agreements


The New Jersey Legislature re-introduced a bill which if it passes, will be the strongest pro-employee, anti-arbitration bill in the United States. While it is not yet the law, if it passes, it will tremendously help all victims of employment discrimination in New Jersey. Last year when the bill was introduced it did not pass, so it was re-introduced this year under a new number.

Currently, many employers try to coerce employees and job applicants to waive away their rights to a jury trial if they file a lawsuit alleging discrimination. Some employers will not hire any applicant who refuses to sign an arbitration-only clause which is part of the employment application.


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Tuesday, May 1, 2018

African Americans and Unequal Pay: NJ Governor Signs Most Aggressive Equal Pay Act in the Country


On April 24, 2018, New Jersey’s Governor, Gov. Phil Murphy, signed what is being hailed as the most aggressive equal pay act in the United States. This is great news for


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Tuesday, April 24, 2018

If I Lose My NJ Job in a Restructuring or Reorganization, What can I do


Persons have come to me who lost their job in an alleged a restructuring, where the employer told the employee that he/she was not really being terminated from their position, because the employee=s employment position was eliminated in a purported re-organization, so there was no longer work for the employee.

I have found in my practice that the excuse of a purported organization by the employer may be a subterfuge, a smoke-screen effort by the employer attempting to avoid a wrongful termination discrimination lawsuit.

There are numerous ways to prove when a "re-organization" argument is really a gimmick, an impostor maneuver ploy to deceive the terminated employee into not filing a discrimination lawsuit. I have successfully represented employees who have been let go in a so-called "restructuring" and have been successful in obtaining six figures settlements for public and private employees.

The race and sex of a person should not be a defining factor in whether someone is best qualified to perform the essential tasks of an employment position.


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Saturday, April 14, 2018

How One Brave Female Railroad Worker’s Complaint about Retaliation Resulted in Broader Coverage for Retaliation Claims in NJ and Elsewhere


In New Jersey and some other jurisdictions, there is broader coverage for employees’ retaliation claims against employers thanks to one brave female railroad worker who stood up for her rights against her employer, a railroad company.

This is a story of how one brave blue-collar female railroad worker's claim changed the landscape of retaliation law. It is a story that does not get told enough. In it, is the account of how one female who complained about sex discrimination by her supervisor, and then was subsequently retaliated against by her employer, a railroad company, had her retaliation claim eventually reach the United States Supreme Court. In this matter, Burlington Northern & Santa Fe Ry.


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Tuesday, March 20, 2018

What are the differences in the FMLA and New Jersey's FLA?


The Federal Family Medical Leave Act (FMLA) and New Jersey’s Family Leave Act (FLA) are very similar in that qualified employees working for employers who are covered under the Acts, are allowed time off work in order take care of Certain family members. In some situations, the leaves are for the same purpose and therefore run concurrently. However, in other situations the employees would be entitled to take separate leaves.

To maximize your amount of leave, if you are a New Jersey employee, you should combine entitlements under both the FLA and FMLA where allowed.

The main difference is that the FMLA allows a qualified employee who is working for an employer covered the FMLA to take time off work because of the employee’s own disability or medical condition which renders him/her temporarily unable to do their job, while the FLA does not.


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Tuesday, March 13, 2018

Age Protection Extends to New Jersey Workers over Age 70


Some businesses and public entities incorrectly assume that the New Jersey Law Against Discrimination (LAD) gives age protection only to those workers under 70 years of age. This is because of a clause (frequently misinterpreted by employers to further their own interests) in the LAD stating that nothing in the statute shall be construed to prohibit an employer  from refusing to accept for employment any person over 70 years of age. This clause, as interpreted by the NJ Supreme Court is meant to narrowly apply only to brand new hires, not long term employees who must get their contracts renewed every year and have a pre-existing relationship with the employer.

The New Jersey Supreme Court has held allowing employers to not hire back to work a person over 70 after their contract had expired, would have restricted the intent of the LAD and been contrary to law.  Frequently public employees and private employees have a contract to be renewed every year.


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