Mark Law Firm Blog

Can I Be Discriminated Against If I’m White?

Posted by Jamison Mark on Nov 8, 2018 4:05:00 PM

The New Jersey Law Against Discrimination (NJLAD) protects against discrimination based on certain protected characteristics in housing, employment, places of public accommodation, credit, and business contracts. In general, the NJLAD prohibits taking “adverse employment actions” against employees or candidates for employment because of protected characteristics or discriminating against employees or candidates in any actions related to hiring, firing, compensation, terms and conditions of employment, or retirement based on protected characteristics. A recent case involving the Plainfield Fire Department reaffirms that the NJLAD protects members of a majority group against illegal discrimination in the same manner as it protects minorities. 

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Topics: Discrimination & Harassment, Wrongful Termination, Employment Law

How Much Time Do I Have to Bring a Workplace Harassment Claim?

Posted by Jamison Mark on Oct 23, 2018 1:46:00 PM
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Topics: Discrimination & Harassment, Employment Law

NJ Proposes Bill to Ban NDAs in Discrimination & Harassment Claims

Posted by Jamison Mark on Oct 17, 2018 4:24:00 PM

Non-disclosure agreements (NDAs) are common in settlements of workplace sexual harassment suits to limit what the parties can reveal about the facts of the complaint and the terms of a settlement. They often limit what all parties involved can reveal about the accused harasser, the alleged victim, and the workplace culture or environment that may have fostered or condoned behavior that led to a harassment claim. In light of the #MeToo movement, which encourages victims to speak out publicly about their experiences of workplace harassment in an effort to prevent future occurrences, a number of states have passed or are considering legislation limiting NDAs.

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Topics: Discrimination & Harassment, Employment Law

NJ Task Force Prioritizes Properly Classifying Workers

Posted by Jamison Mark on Oct 12, 2018 1:59:00 PM

Worker misclassification costs more than you may think. While employees who are misclassified as independent contractors may pay higher self-employment taxes and miss out on many benefits and protections of state and federal laws, New Jersey also misses out on significant revenue that businesses must tender to the state on behalf of employees but not independent contractors.

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Topics: Workers' Compensation, Employment Law, Whistleblower Protection

How to Handle #MeToo Complaints in the Workplace

Posted by Jamison Mark on Sep 12, 2018 8:55:00 AM

The #MeToo movement has helped bring workplace sexual harassment into the spotlight. As more and more employees speak up about their concerns, complaints, and personal experiences, employers strive to respond to their individual issues and develop protocols for handling these situations. One excellent resource for employers and employees working to establish and implement response systems is the U.S. Equal Employment Opportunity Commission (EEOC).

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Topics: Employment Law

Social Media for Employers: Staying Legal & Protected

Posted by Jamison Mark on Aug 14, 2018 3:34:00 PM

Social media is big business these days. Successful employers use online platforms for a variety of uses, like viral marketing campaigns, direct ads, recruitment efforts, screening potential candidates for employment, and communicating with existing employees. However, this increased connectivity comes with increased risk. As technology continues to evolve, the laws around it do, too.

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Topics: Employment Law

What Are the Rules for Drug Testing in NJ Workplaces?

Posted by Jamison Mark on Jul 6, 2018 3:06:00 PM

One of the highest priorities of New Jersey employers is to promote safety in their workplaces. Drug and alcohol use, however, can contribute to workplace accidents and create a hazardous environment. One method employers use to combat these dangers is drug testing, either before employees are hired or during their employment (or both). Although New Jersey does not have any laws regulating or restricting drug testing in the workplace, case law provides some guidance on the circumstances in which employer drug testing is permissible.

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Topics: Employment Law

NJ Employers of All Sizes Must Offer Paid Sick Leave

Posted by Jamison Mark on Jun 28, 2018 2:48:00 PM

In the last few years, numerous New Jersey municipalities have passed local laws governing paid sick leave, including East Orange, Jersey City, Montclair, Newark, Paterson, Plainfield, and Trenton. This patchwork of local laws left employers and workers alike confused about what was required of businesses and unsure of how to calculate and use leave. Many of these problems will be resolved when New Jersey Paid Sick Leave Act (the “Act”), which was signed into law on May 2, 2018, goes into effect on October 29, 2018 and preempts all existing New Jersey municipal earned sick leave laws.

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Topics: Employment Law

Help! My Previous Employer Gave Me a Bad Reference

Posted by Jamison Mark on May 25, 2018 1:49:00 PM

Looking for a job can be stressful. The difficult interview and hiring process can be even more difficult, however, if a previous employer gives you a negative reference. If your former employer gives you a bad reference, do you have any recourse?

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Topics: Employment Law

Can My Employer Make Me Sign a Non-Compete Agreement?

Posted by Jamison Mark on Mar 26, 2018 9:05:00 AM

A non-compete agreement is a contract between an employee and his or her employer that prohibits the employee from engaging in business activities that compete with the current employer's business. These agreements can operate in the present (i.e., to prohibit “moonlighting”), or they can begin to run when the employee leaves his or her employment. They are also sometimes called “covenants not to compete” or “restrictive covenants.”

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Topics: Employment Law

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.