DISCRIMINATION AND HARASSMENT LAW

Workplace discrimination is illegal and is often experienced through subtle misconduct by an employee’s supervisor. This can include discrimination due to race, pregnancy, disabilities, and more. Certain groups of people are legally protected against these actions, classified by race, religion, disability, age, sex, sexual orientation, military service, and family status.

Harassment in the workplace can come in two forms: quid pro quo sexual harassment or a hostile work environment. If you experience these situations, the incidents must immediately be reported to your supervisor. Should you need further help, our experienced team has the tools to defend you.

Discrimination and Harassment Cases We’ve Won

• Race Discrimination – $1,025,000 million
• Race Discrimination – $1,200,000
• Sexual Harassment – $400,000
• Age Discrimination – $475,000
• Disability Discrimination – $466,000

*Results may vary depending on your particular facts and legal circumstances.

WRONGFUL TERMINATION

New Jersey is an at-will employment state, meaning your employer can fire you for any reason—except on the basis of race, sex, age, religion, and other protected categories—unless you have a contract stating otherwise. However, if you feel that you have been wrongfully terminated from your position, you may be entitled to compensation.

WHISTLEBLOWER & CONSCIENTIOUS EMPLOYEE PROTECTION ACT (CEPA)

Being a whistleblower takes courage; reporting illegal conduct in the workplace is not easy and could put you at risk of termination. However, if you are fired for reporting illegal or fraudulent activity or refusing to participate in such activity, you may be legally protected by CEPA. The New Jersey Law Against Discrimination (NJLAD) also protects employees against retaliation at the hands of employers.

PREVAILING WAGE LAWS

If you are employed on a public works project, you are entitled to receive a prevailing wage outlined in a contract. If you are paid less than the prevailing wage, you and other employees may be entitled to sue your employer for unpaid wages, costs, and attorney fees as a result of this contract breach.

WAGE AND HOUR RULES, LAWS AND CODE

New Jersey has strict laws on wages.

On January 1, 2025, many New Jersey employees saw their paychecks increase as the state’s minimum wage rose. Most affected workers received a $0.36/hour increase:

• For non-tipped workers in most industries, hourly minimum pay increased from $15.13 to $15.49 per hour.
• The minimum hourly wage for tipped employees rose from $5.26/hour to $5.62/hour. Tipped workers’ hourly wage plus tips had to equal at least the minimum wage each work week.
• The minimum wage for seasonal workers and employees of businesses with fewer than six employees rose from $13.73/hour to $14.53 per hour.
• Staff at long-term care facilities were now paid at least $18.49/hour (up from $18.13/hour).
• Agricultural employees had to be paid at least $13.40/hour (up from $12.81/hour).

These minimum wage increases were part of multi-year legislation signed in 2019. This law gradually increased the state’s minimum wage to at least $15 an hour by 2024 for most non-tipped workers and will continue to raise the minimum wage for seasonal and small employers until 2028 and for agricultural workers until 2030. After these scheduled increases, all minimum wage rates will be adjusted annually based on Consumer Price Index (CPI) data, as required by the New Jersey Constitution.

EMPLOYMENT CONTRACTS

Work contracts are very complicated and should be negotiated, drafted, and interpreted by a skilled employment lawyer. In some cases, this is required. Mark | Lavigne, LLC represents both employees and companies in contract disputes, whether they are based on the drafting of a letter of understanding, terms of an employee manual, employment contracts, non-compete or solicitation agreements, separation or severance agreements, or termination letters.