Hillsdale Employment Lawyers

Employees who experience workplace harassment, discrimination, or other unlawful treatment should know that they have rights their employer must uphold. Several federal and state laws protect workers from unfair treatment, wrongful termination, and retaliation.

Among the most important laws is Title VII of the Civil Rights Act of 1964, a federal law prohibiting discrimination based on race, color, religion, sex, or national origin. In New Jersey, the New Jersey Law Against Discrimination (NJLAD) offers even broader protections, covering employers of all sizes and extending protections to independent contractors in certain circumstances.

Additionally, the New Jersey Domestic Workers’ Bill of Rights, passed in 2024, grants specific protections to in-home workers such as housekeepers, nannies, and caregivers. This law ensures domestic workers can pursue legal action for harassment and discrimination and guarantees overtime pay, paid breaks, and protection from retaliation.

Common Illegal Actions in the Workplace

Workplace violations can take many forms. Below are some of the most common ways employers violate employees’ rights under federal and state labor laws.

Workplace Discrimination

Employees cannot be discriminated against based on sex, religion, race, gender, disability, age, or other protected characteristics, according to the Equal Employment Opportunity Commission (EEOC). For example, a woman cannot legally be paid less than a man for doing the same job or vice versa.

With the Domestic Workers’ Bill of Rights, housekeepers, nannies, and other domestic workers now have explicit protections against discrimination and harassment. For example, if a nanny is sexually harassed by their employer, they now have legal recourse under New Jersey law.

Wrongful Termination in New Jersey

New Jersey is an at-will employment state, meaning an employer can terminate an employee for almost any reason—except for reasons that violate state or federal laws. Wrongful termination may occur if:

An employee is fired for reporting workplace discrimination or unsafe conditions.
A worker refuses to engage in illegal activity (e.g., falsifying records) and is fired in retaliation.
An employee is terminated for rejecting a supervisor’s sexual advances, which violates anti-harassment laws.

If an employee is fired in violation of these laws, they may have a wrongful termination claim.

Retaliation and Whistleblower Protections

Employees cannot legally be punished for asserting their rights in the workplace. If a worker files a discrimination claim, reports safety violations, or refuses to participate in illegal activities, an employer cannot retaliate by firing them, demoting them, or creating a hostile work environment.

The Occupational Safety and Health Administration (OSHA) enforces more than 20 whistleblower protection laws that shield employees who report workplace safety violations from retaliation.

New Jersey also has its own whistleblower law—the Conscientious Employee Protection Act (CEPA)—which protects employees who report illegal or fraudulent employer activities. However, to qualify for CEPA protections, the reported activity must be a violation of law, fraudulent, or a significant threat to public safety.

Family and Medical Leave Act Protections

The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid leave without penalty for:

The birth or adoption of a child.
Caring for a spouse, parent, or child with a serious health condition.
Recovering from their own medical condition that prevents them from working.

However, FMLA does not apply to all workers—it only covers employers with 50 or more employees within a 75-mile radius.

New Jersey’s Family Leave Act (NJFLA) provides similar protections, but unlike FMLA, it does not cover leave for an employee’s own medical condition. Instead, it focuses on family caregiving needs.

Employers cannot penalize workers for taking lawful leave under these laws. For instance, if an employee takes time off to care for a parent with Alzheimer’s disease, their job and benefits must be protected.

Wage and Overtime Violations

Employees have the right to be paid fairly under both federal and New Jersey wage laws. The Fair Labor Standards Act (FLSA) sets the federal minimum wage and overtime pay standards. However, New Jersey’s minimum wage laws are higher than the federal standard, meaning workers in the state must be paid the higher state rate.

Common wage violations include:

Failure to Pay Overtime: Employees who work more than 40 hours per week must receive 1.5 times their regular hourly wage for overtime.
Misclassification of Employees: Employers cannot classify workers as independent contractors if they meet the legal definition of an employee. Misclassified workers may be denied benefits like health insurance, workers’ compensation, and retirement plans.

For example, if an employer requires an eight-hour shift but classifies the worker as a 1099 independent contractor, this could be misclassification, which may violate state and federal labor laws.

Workplace Harassment and Hostile Work Environments

Harassment in the workplace is illegal under both federal and New Jersey law. This includes:

Sexual Harassment: Unwanted sexual advances, inappropriate touching, or coercion for sexual favors.
Hostile Work Environments: Repeated offensive remarks or conduct that creates an intimidating or abusive work setting.
Racial, Religious, or Gender-Based Harassment: Derogatory remarks, slurs, or unfair treatment based on race, religion, gender, or other protected characteristics.

Employers must take steps to prevent and address workplace harassment. Failure to act on complaints can result in legal consequences.

How an Employment Lawyer Can Help

Employees who experience discrimination, harassment, wrongful termination, or wage violations have legal options. A Hillsdale employment lawyer can help:

File complaints with the EEOC, NJ Division on Civil Rights, or Department of Labor.
Pursue legal action for wrongful termination, wage theft, or discrimination.
Negotiate settlements for unpaid wages, lost benefits, or emotional distress.

Understanding your rights is the first step toward justice. If you believe your employer has violated labor laws, consulting an experienced lawyer can help protect your career and financial future.

Consult the Hillsdale Employment Lawyers at Carcich O’Shea if You Think Your Rights Have Been Violated at Work

If you are looking for advice or want to make a determination on whether to proceed with legal action after a workplace violation, reach out to the Hillsdale employment lawyers at Carcich O’Shea. To schedule an initial consultation, call 201-988-1308 or contact us online. Located in Hackensack, New Jersey, we proudly serve clients in Bergen County, Edison County, Essex County, Morris County, and Passaic County.