Mark Law Firm Recent Articles

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

Is My Non-Compete Agreement Enforceable?

Posted by Jamison Mark on Sep 4, 2019 2:23:00 PM

Non-compete agreements are becoming more and more common. Once limited to high-level employees in whom companies invested a great deal of time and trust, these restrictions are now frequently imposed without negotiation on lower-wage and lower-level employees. The laws regarding which non-compete agreements are enforceable vary from state to state, and pending legislation may soon dramatically alter how New Jersey determines which non-compete agreements are enforceable against its workers. 

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Topics: Employment Law

Medical Marijuana at Work: What Are Your Rights?

Posted by Jamison Mark on Jul 26, 2019 3:00:00 PM

New Jersey became the 14th state to allow medical marijuana when the New Jersey Compassionate Use Medical Cannabis Act (“CUMCA”) was signed into law on January 18, 2010. Recently, the act was amended to expand patient access to medical marijuana, to provide job protections to medical marijuana users, and to create new drug testing procedures. By doing so, New Jersey joined multiple other states—including Arizona, Connecticut, Delaware, Illinois, Maine, Massachusetts, Minnesota, Nevada, New York, Oklahoma, and Rhode Island—that offer employment protections to users of medical marijuana in compliance with state regulations.

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Topics: Employment Law

Can My Employer Reassign Me Because I'm Pregnant?

Posted by Jamison Mark on Jul 24, 2019 11:45:00 AM

Many pregnant women worry about telling their employer the good news, fearing that they will be demoted, terminated, or reassigned to less desirable duties. Before you talk to your employer about your pregnancy, know your rights.

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Topics: Employment Law

How Employee Handbooks Could Create an Employment Contract

Posted by Jamison Mark on Jul 13, 2019 11:14:00 AM

Do you have an employee handbook? Whether you’re an employer or an employee, you should know that in New Jersey, this document can change your rights and responsibilities.

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Topics: Employment Law

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