LABOR AND EMPLOYMENT

WE REPRESENT EMPLOYEES AND EMPLOYERS IN DIFFERENT ACTIONS 

Section 1- Employee rights services

Section 2-Employer rights services

Section 3-General Info including damages and Statute of Limitations

SERVICES WE OFFER FOR EMPLOYEES AS PLAINTIFFS 

• Employment Discrimination
  • Race, National Origin, and Ethnicity Discrimination
  • Gender Discrimination
  • Age Discrimination
  • Pregnancy Discrimination
  • Disability Discrimination
  • Religious Discrimination
  • Sexual Orientation Discrimination
• Workplace Harassment
  • Sexual Harassment
  • Hostile Work Environment Harassment Claims
• Employment Contract Disputes
  • Non-Compete Agreements
  • Workplace Torts / Personal Injuries
  • Severance Agreements & Negotiations
• Family & Medical Leaves
• Overtime, Wage & Hour Law Disputes
• Reasonable Accommodations for Disabilities
• Shareholder / Partnerships Disputes
• Retaliation and Whistleblower Claims
• Civil Rights Claims
• Employment Fraud and Misrepresentation
• Employee Misclassification
• Military Status Discrimination
• Mass Layoffs
• False Claims

SERVICES WE OFFER TO EMPLOYERS

We represent employers in a broad range of matters while working with them to implement preventative strategies designed to minimize risk and exposure to liability. We counsel clients so they may make informed decisions and remain compliant with Federal and State mandates. We develop and manage an effective employer/employee program and to promote a healthy workplace environment.

We minimize the risk of litigation, litigation arising from the employer-employee relationship is inevitable. We can litigate employment-based claims.  We can defend our clients against employee claims of wrongful discharge, discrimination, retaliation and other workplace torts before State and Federal courts, and we counsel clients through Equal Employment Opportunity Commission (EEOC) investigations and any attendant administrative proceedings. We can also prosecute and defend clients in disputes arising from restrictive covenants, the misappropriation of trade secrets and other contract disputes. Our employment attorneys routinely advise clients with respect to issues concerning employment agreements, restrictive covenants, severance agreements, employment discrimination and harassment, wrongful termination, whistleblower retaliation, executive compensation, and shareholder and partner disputes.

Employment Counseling from experienced Labor Lawyers in New Jersey 

We provide guidance and counseling to our clients during all stages of the employment relationship. We can assist clients in making informed, compliant, and productive decisions to help build and maintain a healthy workplace. We counsel clients on workplace restructuring, employee management and performance assessments, terminations, and various employment documents and agreements. We perform audits, and guide human resources through self-audits, of various employment practices including termination and leave policies, wage and hour compliance, occupational health and safety, and affirmative action plans. We assist in investigations of employee misconduct including harassment, discrimination and substance abuse, and we advise clients on how to handle everyday situations that may arise during the course of employment.

Employment Agreements

We can draft, negotiate and enforce various employment agreements, documents and restrictive covenants. These documents include employee handbooks, procedures and policies, employment agreements, severance agreements, trade secret and confidentiality agreements, change-in-control or golden parachute agreements, non-competition agreements, non-solicitation agreements, indemnification agreements and deferred compensation plans. We often are called upon to review employee handbooks and manuals, employment agreements and severance agreements for our clients to assure compliance with employment laws and protect against unintended risk or exposure to liability. Pagliara Law Group can ensure that our clients remain compliant with employment laws and regulations and to proactively minimize employer liability.

Trade Secrets, Non-Competes and Other Contract Litigation

Most companies own intellectual property or trade secrets that require protection. Good employment policies and post-employment agreements, including restrictive covenants, can reduce the risk of lost, leaked or misused confidential information and brand identity. Non-compete clauses and confidentiality agreements protect companies by ensuring that former employees do not exploit their confidential information for the gain of a competing business. Our attorneys regularly litigate claims involving trade secrets and the enforceability of non-compete agreements. Additionally, we draft these agreements to reasonably protect our clients’ legitimate business interests and to ensure that these agreements will stand to scrutiny if challenged in court.

Shareholder and Partner Disputes

When business professionals, and in some cases family members, enter into a business venture (whether by way of close corporation or limited liability company), they may establish shareholder or operating agreements that dictate their rights, obligations and interests, including but not limited to the terms of buy-ins, buy-outs, operations, finance, and other relevant matters pertaining to the business and employment relationship. We counsel clients on the importance of establishing protective procedures in the small business environment and offer conflict resolution through negotiation, mediation, arbitration and litigation when disputes among the owners of the business arise. We can defend majority shareholders against minority oppression, breach of fiduciary duty, usurpation of corporate opportunity and freeze out claims, and prosecuting such claims on behalf of minority shareholders, depending upon the circumstances, when these internal disputes inevitably arise and lead to litigation.

1. Consulting services to make sure you are compliant with all rules

2. Drafting of Handbooks

SECTION 3 GENERAL INFORMATION

Federal and state laws grant numerous rights and protections to employees. If any of these rights are violated, you may be able to pursue legal action against your employer to recover compensation or another remedy to correct the wrong you suffered.

WHAT OUR ATTORNEYS CAN DO FOR YOU

If your rights have been violated in the workplace, you need strong legal representation to try to help ensure you receive the justice and compensation you deserve.

These are just a few of the ways our New Jersey labor and employment attorneys can help with your case:

REVIEWING YOUR CLAIM IN A FREE CONSULTATION

When you contact our firm, you are entitled to a free, no obligation legal consultation where you can discuss what happened and we can determine if you have grounds for a claim. Even if our New Jersey labor and employment lawyers determine you have a legitimate claim, it is up to you to decide if you want to move forward.  

CONDUCTING A THOROUGH INVESTIGATION

If you allow our attorneys to pursue your claim, we will begin an in-depth investigation to gather important evidence to help build a strong case, such as:

APPLYING RELEVANT STATE AND FEDERAL LAWS TO YOUR CLAIM

The lawyers at our firm have detailed knowledge of the laws governing labor and employment law claims, including:

PURSUING THE COMPENSATION YOU DESERVE

Our focus is to obtain the legal remedy you deserve for the damages you have suffered, which may include:

YOUR RIGHTS AS AN EMPLOYEE

Labor and employment claims are based on violations of federal or state laws governing various aspects of the relationships between employers and coworkers. This includes the following laws:

FAIR LABOR STANDARDS ACT

The Fair Labor Standards Act (FLSA) is a federal law that sets the federal minimum wage and rules for overtime pay, recordkeeping and child labor standards for full-time and part-time workers in the private and public sector.

The federal minimum wage is $7.25. However, if a state sets a higher minimum wage, workers are entitled to the higher amount. This is the case in New Jersey, where the minimum wage is $8.44.

The FLSA also states that employees who are entitled to overtime pay must receive it for all hours worked over 40 in a workweek. Employees are entitled to be paid at a rate of one and one-half times the regular rate of pay for each hour of overtime.

However, the FLSA does not require overtime to be paid on weekends, holidays or regular days of rest, unless those are overtime hours.

Most employees are covered by the FLSA, including non-management personnel involved in:

Manual laborers and blue-collar workers who perform repetitive tasks with their hands, using physical skill and energy, are also covered by the FLSA.

There is an exception made for workers who are considered bona fide executive, administrative, professional and outside sales employees, provided they earn no less than $455 per week.

If your employer engages in repeated or willful violations of FLSA rules on minimum wage or overtime, your employer is subject to a civil monetary penalty. The maximum penalty for violations that occurred before Jan. 13, 2017 is $1,894, while the penalty for violations after Jan. 13, 2017 is $1,925.

If you file a claim for willful failure to pay minimum wage or overtime, you may be able to recover twice the amount of unpaid wages you are owed, along with legal fees.   

NEW JERSEY WAGE AND HOUR LAWS

State laws on minimum wage and overtime are similar to the requirements of the FLSA.

For instance, most employees are entitled to at least the state’s minimum wage and nonexempt employees are entitled to overtime when they work in excess of 40 hours in a week.

Certain employees are exempt from this requirement, including:

• Car salespeople
• Outside salespeople
• Minors under the age of 18 who do not work in retail, food service, first processing of farm products, beauty culture jobs, laundry, cleaning, light manufacturing, apparel occupations, and hotel and motel jobs

Overtime pay is also one and one-half times the rate of regular pay. The law does not allow an employee and his or her employer to come to an agreement to not pay overtime.

This law does not apply to employees of the state, county or municipal government or employees of the New Jersey State Board of Education. 

New Jersey’s wage and hour laws also require employers to do the following:

• Compensate employees for work performed before or after they clock in
• Pay employees bonuses and commissions they have earned
• Pay for vacation, sick days or holidays when promised
• Provide final paychecks on time
• Not deduct pay for property damage, cash shortages, or the cost of uniforms or equipment

If your employer violates any of New Jersey’s regulations on overtime or the minimum wage, you can file a claim to recover all of your unpaid wages. You can also collect liquidated damages, which are intended to compensate you for the delayed payment of wages.

The law allows claimants to recover 100 percent of their unpaid wages as liquidated damages. This means you can recover $1,500 in liquidated damages if your unpaid wages equal $1,500.

New Jersey also allows claimants to recover compensation for reasonable attorneys’ fees.

LAWS ENFORCED BY U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

The U.S. Equal Employment Opportunity Commission (EEOC) enforces numerous laws prohibiting various types of discrimination in the workplace, including:

TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

This law prohibits discrimination based on religion, national origin, sex, race or color. Common examples of discrimination under Title VII could include:

• Quid pro quo harassment, where an employer offers to trade sexual favors for advancement
• Unwanted sexual advances or physical contact in the workplace
• Firing an employee who turns down unwanted sexual advances
• Making sexually suggestive comments
• Taking employment action against victims of domestic violence
• Terminating or failing to hire someone because of race, color, sex, national origin or religion
• Failing to accommodate an employee’s religious beliefs when doing so would not pose an undue hardship
• Retaliating against an employee for filing a complaint about some form of discrimination
• Not promoting an employee because of race, sex, color, national origin or religion
• Offensive comments about an employee’s sex

THE EQUAL PAY ACT OF 1963

The Equal Pay Act (EPA) prohibits employers from paying different wages to employees of different sexes when those employees perform the same work that requires equal skill, effort and responsibility. The exceptions are situations where pay is different due to:

• Seniority system
• Merit system
• Systems where earnings are paid based on quantity or quality of production

THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967

The Age Discrimination in Employment Act of 1967 (ADEA) prohibits employers from discriminating based on age for employees who are 40 years old or older. Employers are also prohibited from retaliating against employees who complain about age discrimination.

Age discrimination could include:

• Not hiring an individual due to his or her age
• Firing an individual due to age
• Making changes to an employee’s compensation, terms, conditions or privileges of employment due to age
• Classifying an employee in such a way that he or she will be denied opportunities due to his or her age

TITLE I OF THE AMERICANS WITH DISABILITIES ACT OF 1990

This section of the Americans with Disabilities Act (ADA) prohibits discrimination based on an individual’s disability, including retaliation for complaints about disability discrimination.

The law covers several types of disability discrimination, such as:

• Failing to hire someone due to his or her disability
• Utilizing standards that cause an individual to be discriminated against based on a disability
• Denying benefits due to a disability
• Failing to make a reasonable accommodation for a disability, provided the accommodation does not impose an undue hardship on the employer

SECTIONS 501 AND 505 OF THE REHABILITATION ACT OF 1973

These are similar to Title I of the ADA, except these sections apply to disability discrimination against an employee of the federal government.

NEW JERSEY LAW AGAINST DISCRIMINATION

The New Jersey Law Against Discrimination (LAD) prohibits the same forms of discrimination as the different laws enforced by the EEOC. However, New Jersey’s law also prohibits discrimination on the basis of:

This law covers intentional discrimination, such as different treatment or statements that reflect discriminatory bias, and policies or practices that have the effect of discriminating against protected groups.

In order for a policy or practice to be deemed non-discriminatory, the employer must prove that the policy meets a legitimate business need that cannot be served with a measure that does not discriminate.

FAMILY AND MEDICAL LEAVE ACT

The federal Family and Medical Leave Act (FMLA) states that eligible employees are entitled to 12 weeks of unpaid, job-protected leave each year.

Employees must meet the following criteria to be eligible for FMLA leave:

Eligible employees can take leave for any of the following reasons:

Employers can infringe on your right to leave in the following ways:

In an FMLA claim, you are prohibited from recovering compensation for emotional distress or punitive damages. However, you are able to recover liquidated damages if your employer is unable to show that it acted in good faith. Liquidated damages are equal to the amount you recover in lost back and front pay.

NEW JERSEY FAMILY AND MEDICAL LEAVE ACT

The New Jersey Family Leave Act (NJFLA) is very similar to the federal version, with many of the same requirements.

However, the employee eligibility criteria are slightly different as employees have to work just 1,000 hours in the prior 12 months to be entitled to take leave under the NJFLA.

Unlike the federal law, the NJFLA includes a parent-in-law under the definition of immediate family. This means you can take leave to care for a mother-in-law or father-in-law with a serious health condition.

However, while the FMLA allows employees to take leave for the treatment of their own health condition, New Jersey’s law does not.

STATUTES OF LIMITATIONS FOR LABOR AND EMPLOYMENT CLAIMS

Every claim for a violation of federal or state labor and employment laws has a statute of limitations. The statute sets a timeframe during which you must file a claim, otherwise you will lose the right to do so, and you will lose your only opportunity to pursue the justice and compensation you deserve.

These are the statutes of limitations for claims under the following laws:

• Fair Labor Standards Act – Two years from the date when the cause of action accrued; three years if you were the victim of a willful violation of the law
• New Jersey Wage and Hour Laws – Two years from when the cause of action accrued
• EEOC Claims – 300 days from the date discrimination took place to file a claim with the EEOC
• New Jersey Law Against Discrimination – Two years of the date of the discrimination
• Family and Medical Leave Act – Two years from the date of the violation; three if it was willful violation of the law

Some laws do not specify a statute of limitations, such as the New Jersey Family Leave Act. That is why you should meet with a New Jersey labor and employment lawyer immediately as it could help ensure your claim is filed before the statute of limitations expires.