NJ Retaliation Lawyer - Retaliation Lawyer in New Jersey

An employee in a retaliation lawsuit in NJ must show the following in order to win the case:

1. The employee (a) opposed or complained harassment, discrimination or any other act that is protected by NJ’s Law Against Discrimination; or (b) filed a complaint alleging a violation of NJ’s Law Against Discrimination; or (c) the assisted as a witness for someone else filing a complaint alleging a violation of NJ’s Law Against Discrimination.
2. The employee must demonstrate that he or she was retaliated against after complaining about the harassment or assisting with another employee’s complaint; and
3. The termination, suspension or other action taken against the employee was related to the complaining about the harassment or assistance with another employee’s complaint.

If you believe that you have been the victim of retaliation in New Jersey, please call us for a free consultation to discuss you potential case.

Dated: May 10, 2010 – Castronovo & McKinney

Wage laws are commonly applied to employees.  However, employers may try to circumvent the wage laws by classifying an employee as an intern.

The Wage Laws have set forth the following test to determine whether you are an employee or an intern and entitled to the pay and benefits by the employer:

1. The internship is similar to an educational environment and provides training (most critical);
2. The internship is for the benefit of the intern and not the employer;
3. The intern is closely supervised by the employer;
4. The intern does not replace the job of an employee;
5. The employer does not guarantee employment at the end of the internship; and
6. The employer and intern understand that the intern is not entitled to wages.

The employer must meet all 6 of these requirements in order to have an unpaid intern.  Keep in mind that this test is for “for-profit” businesses and does not apply to “non-profit” charitable organizations.

This test is very fact specific and you should contact us for a free consultation to determine whether you are entitled to wages and overtime as part of your unpaid internship.

Dated: May 7, 2010 – Castronovo & McKinney – Wage Laws

If you have suffered discrimination in New Jersey, you should contact a New Jersey Discrimination Lawyer immediately to discuss your case.  New Jersey's discrimination laws are some of the most comprehensive in the Country and protect you more than the Federal Laws.  The New Jersey's Law Against Discrimination, N.J.S.A. § 10:5-1 protects you from discrimination work based on many “protected characteristics."  The most common areas are race, religion, age, pregnancy disability and gender.

If you file a lawsuit against your employer in New Jersey, you should file under the New Jersey Law Against Discrimination.  You may be entitled to receive your back pay (the amount of pay lost from the time you suffered an adverse employment act and the date that a verdict is reached), front pay (pay to cover the amount of money lost going forward), emotional distress damages for your pain and suffering), punitive damages against the employer for the involvement of upper-level management of their intent, interest and attorneys fees and costs.

Dated: May 7, 2010 - Castronovo & McKinney - NJ Discrimination Lawyer

Employees are not entitled to overtime pay if they perform high-level work involving independent judgment.  Each job is different and it is important that an Overtime Lawyer discuss the requirements of your job and evaluate whether you are entitled to overtime pay based on the wage laws.  Keep in mind though as an easy reference, the exemptions from overtime pay are commonly referred to "white-collar exemptions."  The intent of the exemptions is to exempt white-collar employees from the wage laws requirement for overtime pay.  Whereas, a blue-collar job would not be exempt from overtime.

The first step in this evaluation is to look at the primary duty of your job.  What do you do the most?  What is the most important part of your job?  If your primary job duty fits into an exemption, you will not be entitled to overtime.  Please contact us if you believe you may be entitled to overtime pay based on the wage laws.  We can help you recover the overtime pay you are owed.

Dated: May 7, 2010 - Castronovo & McKinney - Wage Laws in NJ