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Employment Law

Fighting for the Rights of New Jersey Employees

If you’re an employee in New Jersey, you have rights under federal and state law. This includes the right to employment without facing harassment, retaliation, or discrimination based on your age, gender, race or national origin. If you feel that you have been the victim of workplace misconduct or are an employer looking for defense against unfair claims, our expert team is prepared to help.

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We fight to protect our clients in many areas of employment law.

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 projects, 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, 2023, many New Jersey employees saw their paychecks get a little bigger as increases to the state’s minimum wage took effect. Most affected workers saw a $1.13/hour increase:

  1. For non-tipped workers in most industries, hourly minimum pay increased from $13 to $14.13 per hour.
  2. The minimum hourly wage for tipped employees rose from $5.13/hour to $5.26/hour. Tipped workers’ hourly wage plus tips must equal at least the minimum wage each work week.
  3. The minimum wage for seasonal workers and employees of businesses with fewer than six employees rose from $11.90/hour to $12.93 per hour.
  4. Staff at long-term care facilities are now being paid at least $17.13/hour (up from $16/hour).
  5. Agricultural employees must be paid at least $12.01/hour (up from $11.05/hour).

 

The minimum wage increases are part of multi-year legislation signed in 2019. This law gradually increases the state’s minimum wage to at least $15 an hour by 2024 for most non-tipped workers and by 2027 for all other non-exempt, non-tipped employees. Annual increases were set at a minimum of $1/hour, or more if warranted by Consumer Price Index increases.

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.

Mark Law Firm E-Book: Top 5 reasons to hire an employment attorney.

No matter how many questions I had, Jamison and his staff were ready, willing, and able to provide me the best guidance and advice. He is compassionate, a great communicator, honest, and extremely knowledgeable regarding employment law. He treated me like family. I am truly thankful for his guidance, which afforded me a better outcome.
Deborah C.
Jamison has helped me in a couple of different cases in employment law matters, and I couldn't have been happier. He is very thorough and competent, and everything was done in a timely fashion.
Chris S.
Thank you to The Mark Law Firm for taking my work-related case. Not only did you fight for me, but you walked me thoroughly through the case from beginning to end. If you ever need a reliable, trustworthy and fighting team, make sure to reach out to them. They will not disappoint you.
L.D.
Jamison Mark is an exceptional attorney who cares deeply about his clients. Jamison and his staff always put their client's needs first by providing responsiveness along with top notch legal representation and trial skills.
Steven S.
They are all professional, kind, easy to talk to, and dedicated to the client not 100% but 1,000%. I feel as though a million thank yous are not enough for the time and effort they have put into my case.
Silyne T.
Jamison has helped me in a couple of different cases in employment law matters, and I couldn't have been happier. He is very thorough and competent, and everything was done in a timely fashion.
Chris S.
To summarize my experience, I would use words like compassion, efficient, competent, professional, and determined. I would recommend the Mark Law Firm and the amazing staff there to anyone.
Satisfied Client
The Mark Law Firm is an incredible team of experienced attorneys and paralegals. They are very hard-working, dedicated, and compassionate towards their clients, and I would recommend them to anyone. Do yourself a favor and get them on your side if you want quality results.
Catherine J.
Great practice, great lawyer! I would recommend the Mark Law Firm to family and friends. They’re extremely knowledgeable and will explain things from start to finish.
Kent H.
Jamison M. Mark, Esq. and staff were exceptionally professional, down to earth, and on the "Mark" with respect to the outcome of my settlement. I highly recommend the Mark Law Firm to assist with various legal matters.
Fayth M.
Jamison and his staff are a pleasure to work with and always take the time to listen. I would recommend that anyone with a legal issue speak with them!
Scott K.
This is a great firm and lawyer with practical advice and honest answers.
Evan G.
The Mark Law Firm did a tremendous job with my case. They were excellent in communicating thorough answers to my questions. They made me feel at ease all through the case. It was as if I was being represented by a family member.
Isabel D.
Thank you to The Mark Law Firm for taking my work-related case. Not only did you fight for me, but you walked me thoroughly through the case from beginning to end. If you ever need a reliable, trustworthy and fighting team, make sure to reach out to them. They will not disappoint you.
L.D.
I'm extremely thankful for all of the support, professionalism, and knowledge The Mark Law Firm gave through this time. They are a great firm and I would highly recommend.
T.B.

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