Mark Law Firm Recent Articles

Understanding New Jersey's Laws Against Workplace Discrimination

Posted by Jamison Mark on Sep 3, 2020 8:30:00 AM

The American workplace has changed dramatically in the last few decades. As societal attitudes shift, technology advances, and work becomes increasingly remote and outsourced, workplace discrimination can be harder to recognize. Although some overt kinds of discrimination may have become less common, subtle forms of discrimination can persist and adapt to these novel workplace environments. New Jersey law protects workers from all kinds of employment discrimination.

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Topics: Employment Law, Discrimination & Harassment

Landmark Title VII Decision Protects LGBTQ Workers

Posted by Jamison Mark on Aug 18, 2020 10:00:00 AM

In recent years, there has been some confusion as to whether Title VII of the Civil Rights Act protects individuals from employment discrimination based on sexual orientation or gender identity. The United States Supreme Court recently issued a ruling holding that firing, demoting, failing to hire, or taking other adverse employment actions against an individual because of their sexual orientation or transgender status violates Title VII's prohibition on discrimination because of sex.

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Topics: Employment Law

What You Need to Know Before Signing an Employment Agreement

Posted by Jamison Mark on Jul 14, 2020 4:34:38 PM

Congratulations, you got the job! Your happy news, however, was accompanied by an employment agreement. You’re supposed to sign it and return it to HR immediately. Should you be concerned? Here’s what you need to know to put your mind at ease.

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Topics: Employment Law

Could You Be Experiencing Race Discrimination in the Workplace?

Posted by Jamison Mark on Jun 29, 2020 1:00:41 PM

In recent years, New Jersey has taken the lead in working to reduce discrimination, especially in the workplace. Recent legislation has gone above and beyond the basic protections of the New Jersey law against discrimination (NJLAD), proving protections that encourage diversity and seek to reduce more subtle expressions of race discrimination in workplaces.

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Topics: Employment Law, Discrimination & Harassment

COVID-19 and Job Accommodation: What You Need to Know

Posted by Jamison Mark on May 7, 2020 3:15:00 PM

As states start to gradually reopen businesses and encourage service providers to return to work, many employees with underlying health issues are worried. Especially in industries that involve a lot of contact with the public or where employees work in close quarters, it may be impossible to maintain the levels of social distancing that the CDC recommends.

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Topics: Employment Law

My Employer Asked Me to Sign an Arbitration Agreement. Now What?

Posted by Jamison Mark on Mar 3, 2020 4:09:15 PM

Many employees are asked by their employer, either at the time of their hire or sometime during their employment, to sign an arbitration agreement. This can be a stand-alone agreement or a clause in an employment contract or handbook. Such an agreement asks the employee to agree that if they have a grievance with their employer, they will settle the dispute using binding arbitration rather than litigation. On one hand, arbitration is typically cheaper and resolves disputes more quickly than going to court, which can be very expensive and take months or even years to conclude. On the other hand, an employee who agrees to resolve any disputes using binding arbitration often gives up their rights to what may be more lucrative, more equitable, or more just compensation through the legal system. 

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Topics: Employment Law

Should You Sign a Non-Compete Agreement?

Posted by Jamison Mark on Dec 13, 2019 10:00:00 AM

Formerly limited to high-level corporate employees, non-compete agreements are becoming a standard part of the pre-employment or onboarding packet for an increasing number of workers. In some situations, these contracts—also called “restrictive covenants”—can provide benefits for both an individual and their employer. However, companies often issue these restrictive covenants without negotiation to lower-wage and lower-level employees, for whom they provide little benefit and a potentially significant burden. How can you tell whether a non-competition agreement will be valuable or detrimental to your situation?

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Topics: Employment Law

Can My Employer Force Me to Sign a Non-Compete Agreement?

Posted by Jamison Mark on Nov 11, 2019 2:45:00 PM

One of a new employee’s typical first tasks is to read through and complete a stack of paperwork: tax forms, employee handbooks, and other documents. More and more frequently, one of these forms is a non-compete agreement. You may wonder what this document means, how it alters your legal rights and career opportunities, and if your employer can require that you sign it. 

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Topics: Employment Law

What Damages Can I Recover in a New Jersey Prevailing Wage Claim?

Posted by Jamison Mark on Oct 15, 2019 11:14:00 AM

Do you know what you are entitled to under the New Jersey Prevailing Wage Act (PWA)? If you work in construction, maintenance, and other services on New Jersey public works projects, this law may apply to you. If your employer isn’t complying with its wage requirements, you may be entitled to compensation.

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Topics: Wage & Hour, Employment Law

What Kind of Accommodations Must My Employer Make for My Disability?

Posted by Jamison Mark on Oct 3, 2019 12:15:00 PM

It’s illegal for an employer to discriminate against any current or potential employee because of a disability. This means that an employer can’t choose not to hire, to fire, or take other adverse employment action against a person because of their disability if they are otherwise able to perform the essential functions of the job “with or without accommodation.” But what does “accommodation” mean? What does an employer have to do for a current or potential employee with a disability?

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Topics: Employment Law, Discrimination & Harassment

The information on this website is made available by the Mark Law Firm for educational purposes only. It is intended to give a general understanding of New Jersey law, not to provide specific legal advice. Use of this website does not establish an attorney-client relationship between you and the Mark Law Firm and should not be used as a substitute for legal advice.