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Employees who work in New Jersey are protected by numerous laws. Given these broad protections, employers must take preventative measures to protect against employee lawsuits.
In New Jersey, employers must comply with both federal and state anti-discrimination laws. New Jersey?s broad and expansive anti-discrimination law, entitled “New Jersey Law Against Discrimination” (LAD), prohibits discrimination and harassment including, but not limited to, on the basis of sex, race, creed, national origin, ancestry, nationality, color, marital status, domestic partnership status, sexual orientation, age and handicap.
Employers are required to make all possible efforts to prevent harassment and discrimination and promptly remedy any complaints. Employers must: (1) train employees in an effort to minimize incidents of sexual harassment and/or other types of harassment and discrimination; (2) implement detailed and effective policies prohibiting harassment and discrimination; (3) set forth a detailed complaint and reporting procedure (which should include assurances of no retaliation for making complaints); and (4) act promptly when made aware of complaints of sexual harassment and/or discrimination, including, performing a thorough, impartial and effective investigation of any employee complaints, as well as engaging in other potential remedial efforts. By Kirsten Scheurer Branigan, Esq.
This Article is for informational purposes and does not contain legal advice. The reader should consult legal counsel to determine how the law applies to specific situations. Ms. Branigan can be contacted at (732) 855-6437, kbranigan@wilentz.com or Wilentz, Goldman & Spitzer, 90 Woodbridge Center Drive, Woodbridge, New Jersey 07095.
Additionally, employers must comply with the federal and state laws involving family leave and/or medical leave. Employers that have fifty (50) or more employees must comply with both the federal Family & Medical Leave Act and the New Jersey state Family Leave Act. Since these laws contain many strict procedural requirements, employers should have experienced and qualified personnel who can ensure that the employer complies with these laws.
An employer can also run into legal problems if it has an employee handbook which has not been properly drafted to comport with New Jersey law. If an employer has a handbook containing improper language, an employee can argue that an "implied contract" exists which binds the employer (even where the employer does not expect to be bound by the handbook or considers it to contain merely discretionary policies).
An employer must also be well-apprised of the numerous record retention requirements pursuant to the state and federal law, including, but not limited to, the state and federal wage and hour laws. In addition, to record retention, the above-referenced wage and hour laws require employers to properly classify workers as either salaried exempt or non-exempt employees. Employers are required to pay non-exempt employees overtime for more than forty (40) hours worked in a workweek.
Lastly, it is very important for employers to have well-documented personnel files. Employers should keep written thoughtful and candid performance evaluations. An employer should consistently document poor performance and/or other problems in the workplace. If an employer is sued and has to defend that an employee was terminated for "legitimate business reasons" (and not for discriminatory and/or illegal reasons), the employer will be in a much better position to defend its decision if it has a well-documented personnel file. |
