Employment Law in New Jersey:
Frequently Asked Questions

What
Laws Protect Employees
in New Jersey?
Employees in New Jersey are protected under a broad range of federal, state, and, in some cases, local, labor laws. Our firm has a deep understanding of the law and we can determine if your rights have been violated in any manner. Key laws include:
- New Jersey Law Against Discrimination
- Conscientious Employee Protection Act
- New Jersey State Labor Laws
- Title VII of the Civil Rights Act
- Fair Labor Standards Act.
What
Constitutes Wrongful Termination
in New Jersey?

New Jersey is an at-will employment jurisdiction. A company can remove a worker for any reason, as long as that reason is not unlawful. If an employee is fired or otherwise discharged for an illegal reason—such as discrimination, retaliation, or breach of contract—he or she can hold the employer legally responsible through a wrongful termination claim. Wrongful termination requires proof that a termination has an unlawful motive.
How
Do I Find the Right Attorney
for My Employment Law Claim?

You need a New Jersey employment law attorney who is knowledgeable, skilled, possesses relevant experience, and is willing to commit time, resources, and attention to your case. Do not settle for a lawyer who is not ready to handle your claim the right way. Contact Charles Schalk for help.
What
is At-Will Employment
in New Jersey?

New Jersey follows an at-will employment policy, allowing employers to terminate employees at any time for any reason, except those prohibited by law (e.g., discrimination, retaliation).
Can an
Employer Deny Overtime
Pay in New Jersey?

No, eligible employees in New Jersey must be paid overtime (1.5 times their regular rate) for hours worked over 40 in a workweek under the Fair Labor Standards Act (FLSA).
How Long Can an Employer Delay a Final Paycheck in NJ?

In New Jersey, employers must provide a final paycheck by the next regular payday following an employee's termination or resignation.
What Rights Do Employees Have During a Layoff in New Jersey?

Employees may be entitled to severance pay and advance notice under the New Jersey WARN Act if a mass layoff or plant closing occurs.
What Constitutes Workplace Harassment in New Jersey?

Workplace harassment in New Jersey includes unwelcome conduct based on race, gender, age, religion, disability, or other protected characteristics that creates a hostile work environment.
Is My Employer Required to Offer Breaks in New Jersey?

New Jersey law does not require employers to provide breaks, except for employees under the age of 18, who must receive a 30-minute break for every 5 consecutive hours of work.
Can I Sue My Employer for Retaliation in New Jersey?

Yes, if you face retaliation for reporting illegal activities, discrimination, harassment, or asserting your employment rights, you can file a retaliation claim under NJ laws.
Are Non-Compete Agreements Enforceable in New Jersey?

Non-compete agreements are enforceable in New Jersey if they are reasonable in scope, duration, and protect a legitimate business interest without excessively restricting the employee's future employment.
Do I Qualify for Family and Medical Leave in New Jersey?

Employees in New Jersey may qualify for leave under the Family and Medical Leave Act (FMLA) or the New Jersey Family Leave Act (NJFLA) if they meet certain eligibility criteria.
Can I File a Claim for Unpaid Wages in New Jersey?

Yes, if your employer has not paid your full wages or overtime, you can file a claim with the New Jersey Department of Labor and Workforce Development or pursue legal action.
What Protections Exist for Pregnant Workers in New Jersey?

The New Jersey Law Against Discrimination prohibits discrimination against pregnant employees and requires employers to provide reasonable accommodations unless it causes undue hardship.
Is Paid Sick Leave Mandatory in New Jersey?

Yes, under the New Jersey Earned Sick Leave Law, most employees are entitled to accrue up to 40 hours of paid sick leave per year for personal or family health needs.
What Should I Do If I Am Wrongfully Denied a Promotion?

If you believe you were denied a promotion due to discrimination, retaliation, or other unlawful reasons, gather evidence and consult an employment law attorney to discuss your options.
Can I Refuse to Work in Unsafe Conditions?

Yes, under the Occupational Safety and Health Act (OSHA), employees have the right to refuse to work if they believe there is a risk of serious injury or death due to unsafe working conditions.
How Do I Report Wage Theft in New Jersey?

You can file a wage theft complaint with the New Jersey Department of Labor and Workforce Development, which investigates unpaid wage and overtime claims.
Can I Be Fired for Taking a COVID-19 Vaccine Leave?

No, New Jersey's COVID-19 laws prohibit employers from terminating or retaliating against employees for taking leave to get vaccinated or recover from side effects.
Do I Have to Sign a Severance Agreement?

No, you are not required to sign a severance agreement in New Jersey. However, if you choose to do so, review it carefully as it may waive certain rights, such as the right to sue for wrongful termination.
What Is Considered Disability Discrimination in NJ?

Disability discrimination includes any adverse employment action taken against an individual because of a disability. Employers must provide reasonable accommodations unless doing so causes undue hardship.
How Does New Jersey Handle Independent Contractor Misclassification?

New Jersey has strict criteria for classifying workers as independent contractors. Misclassification can result in penalties for employers and claims for unpaid benefits by workers.
Can My Employer Monitor My Work Emails and Internet Use?

Yes, employers in New Jersey generally have the right to monitor work emails and internet use, provided they inform employees of this policy in advance.
What Is Considered Sexual Harassment in the Workplace?

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature that creates a hostile work environment.
Can I Be Fired for Taking Sick Leave in New Jersey?

No, under the New Jersey Earned Sick Leave Law, employees are entitled to accrue and use up to 40 hours of sick leave annually, and employers cannot retaliate for taking this leave.
Can My Employer Demote Me Without a Reason?

While New Jersey is an at-will employment state, demotions based on discriminatory, retaliatory, or other unlawful reasons may give rise to legal claims.

contact

Our New Jersey Attorney Today
for a Confidential Consultation

Charles Z. Schalk is an experienced, top-tier civil lawyer. With extensive experience handling employment law matters and education law cases. Attorney Schalk knows how to get results for clients. If you have any questions about your legal rights or legal options, our team is more than ready to help. Contact us today to set up your strictly confidential, no commitment initial consultation. We serve communities throughout Central Jersey.

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Savo, Schalk, Corsini, Warner, Gillespie, O’Grodnick & Fisher is a full-service law firm with 14 lawyers dedicated to improving the legal affairs of the individuals and businesses we serve.

We serve the entire State of New Jersey including the follow localities: Hunterdon County including Flemington; Mercer County including Ewing, Hightstown, Mercerville-Hamilton Square, Princeton, and Trenton; Middlesex County including East Brunswick, Edison, New Brunswick, Perth Amboy, and Sayreville; Morris County including Dover and Morristown; Somerset County including Basking Ridge, Bridgewater, North Plainfield, and Somerville; and Union County including Cranford, Elizabeth, Hillside, Linden, Plainfield, Rahway, Roselle, and Union.

*This is an excerpt of a judicial opinion from a specific legal dispute. It is not an endorsement by the judge of legal skill or ability.

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