New Jersey Employment Laws

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Most Common Employment Law Issues:

What Are New Jersey's Employment Laws?

In New Jersey, employment laws exist both to protect employees and ensure employers are free to operate their business as they wish. These laws extend several subjects, such as:

"At Will" Employment

New Jersey is an "at will" employment state, meaning an employer can fire an employee without due cause if there is not an employment contract restricting firing. Similarly, this type of employment preserves the employee’s right to resign whenever they desire.

Some exceptions to the "at will" rule include discharge based on any of the following:

New Jersey also protects against discharge for being a smoker.

Wages and Overtime

New Jersey has several standards controlling the minimum amount of money an employee must earn, and when more or less money may be legally due.

Protection from Discrimination

Federal law prohibits discrimination in the workplace. Protected classes include:

In addition, New Jersey Law Against Discrimination protects against:

Protection from Sexual Harassment

In addition to federal law, New Jersey has strict standards forbidding sexual harassment. Sexual harassment is also prohibited under the Law Against Discrimination, and is defined as any kind of unwelcome sexual advance, request for sexual relations, or any other verbal or physical conduct of a sexual nature.

These types of harassment may be broken down into two general types of sexual harassment.

Quid pro quo harassment occurs when an employer implicitly or explicitly suggests sexual favors as a condition of employment. Similarly, preferential treatment occurs where an employer conditions favorable treatment - such as promotions, salary increases, or preferred assignments – on sexual relations.

Do I Need a Lawyer?

If you believe you have been wrongfully terminated or otherwise treated illegally under New Jersey’s labor laws, including sexual harassment, you should speak with an employment lawyer immediately. An attorney who is familiar with New Jersey’s laws and standards will be able to represent your best interests and help you secure the right result.

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Last Modified: 11-13-2015 11:03 AM PST

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