Current Events

Monday, May 15, 2023

NJ Whistleblower Attorney, Out-of-State and Remote NJ Workers have Whistleblower Protection


At least four cases spanning from 1998 to 2022 recognized that New Jersey’s whistleblower law, the Conscientious Employee Protection Act (“CEPA”), can apply to NJ employees who work and live in other states.

Best Rationale to Apply CEPA Protection

Perhaps the best rationale to apply CEPA protection to out-of-state workers was offered by the court in Mehlman v. Mobil Oil Corp. In Mehlman v. Mobil Oil Corp.


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Monday, May 8, 2023

NJ Employment Attorney, The Importance of Retaining Employee Handbook


It is important for employees to retain a copy of their employee handbook or employment manual both while they are employed and after they are severed from employment. You may or may not be entitled to certain rights and benefits depending on the language in the manual and other conditions. Your employer is not required to give you a copy of the manual once you are no longer an employee. Providing hard copies of employee handbooks was the initial way employers typically distributed them. Today, it is common for employers to publish them online and notify the employees as to their existence and the link.


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Monday, May 1, 2023

NJ Whistleblower Attorney, False Claims Act and Qui Tam


The Federal False Claims Act and NJ False Claim Act

Fraud against the government is an on-going problem that costs taxpayers billions of dollars every year. Whether it is a health care provider submitting false claims to Medicaid, a contractor overbilling for a government project, or a company misrepresenting its products or services for sale to the state, those committing fraud cheat the government and the public out of money that could be used for vital programs and services.

Fortunately, there is a law in New Jersey that allows whistleblowers to expose fraud and hold those committing fraud accountable. It is called the New Jersey False Claims Act, N.J.


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Monday, April 24, 2023

NJ Wage Dispute Attorney, Can My Employer Withhold Wages for Damaged Property?

Accidents can and do happen in any work environment. If you work in New Jersey and accidently damage workplace equipment, e.g., a printer, computer, camera, office furniture, mechanical and carpentry tools, ladder, furniture, etc., your employer can not make you pay for it and withhold your wages for the damaged equipment.


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Monday, April 17, 2023

NJ Employment Attorney, Executive Employee with Contract Wrongfully Terminated


Contractual employees may be aghast if they are terminated in violation of their written contract. Employees who are employed according to the terms of a contract generally feel more secure in their position than those who work “at-will” without a contract. This may be particularly true of long-term employees and those holding executive positions because of the amount of time they have invested in the position. With a contract, they initially have more security as to their remaining employed, their wages and certain terms of their position such as expected hours, mandatory travel, etc., and the employer’s responsibilities to be maintained according to the terms of the contract.


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Monday, April 10, 2023

NJ Age Discrimination Attorney, Long-term Employee Fired for No Reason


Employees who have worked for the same employer for 10, 20, or 30 years may find they are terminated for no apparent reason. There is always a reason but the reason may be legal or illegal. If you find yourself in such a position, you should contact this office immediately for a free consultation. I have represented both private and public employees who were fired for no apparent reason and was successful for recovering money compensating for them for lost wages, projected lost future raises, and pain and suffering.

If you have not already been finally severed from the position and are still working until the designated end-date, you should contact this office immediately before the designated termination date.


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Monday, April 3, 2023

NJ Age Discrimination Attorney, Municipality, County, State Employees Can’t Be Forced to Retire When Turning 70


Municipality, County, State workers who are 70 years of age and older, should be made aware that their government employer can no longer force them out of their job based on their age. Amendments to the NJ Law Against Discrimination which went into effect on October 5, 2021, eliminated a loophole in the law which some government employers could utilize as a means to get rid of older workers and replace them with younger ones.

Prior to these Amendments, a NJ municipality, county, state agency or employer had to demonstrate that a such government employee’s mandatory retirement age bore, “a manifest relationship to employment in question.” This appellation, “a manifest relationship” was a legal slippery slope, an opinion too easy for any governmental entity to allege. This appellation perpetuated negative aging myths because it was prejudice, judgment or opinion formed against older workers predicated on the public employee’s age.


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Monday, March 27, 2023

NJ Disability Attorney, Disabled Employees Should Ask in Writing for Reasonable Accommodation


Employees with a disability which requires a reasonable accommodation to allow them to do their job, should ask for the accommodation in writing. This puts the employer on notice of their legal duty to engage in an interactive process with the employee to be able to provide the accommodation. An employer-employee interactive process is necessary when the employer cannot immediately provide the articulated accommodation requested. For example, teacher with diabetes who requests that her lunch period be moved from 3 pm to 11:30 am so as to not suffer a hypoglycemic event, has a clearly defined request for an accommodation that the employer can understand. There may be no need in some situations for the employer to engage in the interactive process if the employer can provide the requested accommodation.


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Monday, March 20, 2023

NJ Employment Attorney, Supervisors and Overtime Pay


Employers will sometimes scam employees by giving them a title of “Administrator” to have them be salaried employees who are not entitled to overtime. An employee entitled as an “Administrator” may nevertheless be legally entitled to overtime payments if certain criteria are met.

Both the Federal Fair Labor Standards Act (FLSA) and New Jersey Wage and Hour Laws which incorporate much of the FMLA, define the circumstances by which employees are exempt from the right to receive overtime payments.

Job Title of “Administrator” Is Insufficient to Deny Overtime

Under the FLSA and Federal Code 29 CFR 541.2, a job title alone is insufficient to establish the exempt status of an employee to which the employee would otherwise be entitled to overtime pay.


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Monday, February 27, 2023

NJ Sex Discrimination Attorney, Female Supervisors Discredited by Male Subordinates


Gendered expectations frequently affect a male subordinate’s acceptance of constructive criticism from his supervisor when the supervisor happens to be woman.

Females in leadership positions have hurdles to overcome that males do not experience. Some males consciously or otherwise, do not take the opinions of a female seriously and resent it when their work is criticized by a woman; they feel she is not qualified to render such an opinion. Some male subordinates tend to dismiss the competence of their female supervisor if she gives him poor performance evaluations or places him on a PIP. Such male subordinates may attempt to discredit the competence of the female supervisor in retaliation for the female leader’s negative feedback of his work.


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Monday, February 20, 2023

NJ Age Discrimination Attorney, Age Discrimination Employees in Private Sector ADEA Cases and But-For Causation


The Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. §§ 621 et seq., bars discrimination because of an employee’s age, meaning that it prohibits employment age discrimination where age is the cause of the employer’s adverse decision, which is frequently termination.


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