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New Jersey Labor Law Lawyer

scale of justice and gavel in law libraryNew Jersey labor lawyers fighting on the side of victims of discrimination, harassment and other workplace mistreatment in Hackensack, Paramus and throughout Bergen County and Northern NJ for more than 25 years. 

Nobody takes a job with the goal of filing a labor lawsuit, but sadly, disputes can arise; and, when they do, they can run the gamut—from wage and hour disputes, to sexual discrimination, to mistreatment because of a disability, to SSDI claims (Social Security Disability Insurance).

The law offices of Eisbrouch Marsh have the resources you’ll need to take on employers bent on their own interests at the expense of yours.  Our seasoned labor and personal injury lawyers have at their disposal leading experts in the fields of medicine and insurance, so we can review the details of your case and recommend a course of action best in keeping with your interests. When an employer treats you unjustly, we are there to fight on your behalf and win you fair and generous compensation

Compensation, which can be in the range of millions of dollars, can come in a number of forms:

  • Medical bills for physical and/or psycho-social treatments and/or therapies
  • Lost wages (in circumstances of related missed work, unjustifiable job discontinuation and/or a reduction in future job prospects)
  • Loss of consortium (marital intimacy) and/or other life-changing effects of an employer’s discrimination or mistreatment

When you call our offices today, we’ll set you up with a complimentary consultation to apprise you of your options for filing an employment lawsuit in New Jersey.

Wage and hour disputes

Under the Fair Labor Standards Act (FLSA), a law which the U.S. Department of Labor and its state subsidiary offices enact, employees are entitled to various protections from exploitation. The FLSA requires that employees receive overtime pay at 1.5 times the regular hourly rate for all hours over the 40-hour ceiling—unless an employee’s contract has specifically exempted him/her from overtime pay.

Employers that violate FLSA can be prosecuted.  If found liable, they can be asked to compensate a wronged employee in the form of any or all of the following:

  • Up to 2 years of unpaid back wages
  • Monetary damages over and above these 2 years of wages—and these can be as high as three times the amount of unpaid back wages, if the employer’s negligence and mistreatment is found to be willful
  • Fines of up to $1,100 for willful violations and even jail time for repeat offenders

Eligibility to file a wage and hour dispute claim

If, based on your job duties, you are not exempt from overtime compensation, and you have good reason to believe your employer is exploiting your time and resources, you may be eligible to file a claim with the help of our NJ labor attorneys.  Job duties that exempt an employee from overtime are primarily administrative, business or executive.  Employees who must be paid a set, fixed salary (that is above the minimum level for salaries at that level of employment) are also exempted from receiving overtime pay.

If you are considering filing a claim of this nature, here are a few tips to ready yourself:

  • Keep careful records of daily and weekly work hours, including the amount of any or all breaks in the day
  • Retain all your pay stubs and pay attention to wages each pay period and any overtime pay earned each pay period

American Disability Act

The lawyers of Eisbrouch Marsh have zero tolerance for workplace discrimination on the basis of employee disabilities, and will do everything in our power to help you win your case.    Thankfully, for those who are eligible to file a disability discrimination lawsuit, the law is on your side. The American Disability Act, enacted by the U.S. Congress in 1990, is meant to protect all American employees “with physical and mental impairments that substantially limit a major life activity” and applies to job application procedures and hiring, advancement and firing processes.

“Discrimination,” according to the Act, constitutes any one of a number of things:

  • Limiting a job applicant or employee’s employment and engagement with an employer based on a known disability
  • Neglecting to make reasonable accommodations for employees with known disabilities (such as, for example, handicap-accessible facilities)
  • Refusing to hire a candidate based on a medical entrance exam (this rule does not apply to lab testing for illicit drug use)

Harassment and labor laws

Harassment is another commonly occurring workplace blight for which the New Jersey labor law attorneys at Eisbrouch Marsh can seek your fair compensation.  Such harassment need not be exclusively sexual—although sexual harassment is widespread in the American workplace and most commonly affects women. In cases of sexual harassment, harassment can include unwanted advances, derogatory comments or threats of sexual assault.  But harassment can also be mistreatment based on race, color, religion, age, or disability.

In short, harassment equals employee discrimination—of the kind that violates Title VII of the Civil Right Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA).  The key to determining whether unwelcome conduct in the workplace is “harassment” is to ask the following questions:

  • Does this offensive conduct represent a pattern of acting or is it an isolated incident?
  • Does the misconduct seem serious enough to create the kind of work environment that a reasonable person would deem intimidating, hostile or abusive?
  • Does enduring the ongoing misconduct appear to be a condition of your continued employment?

Labor lawyers in New Jersey

Often when an employer terminates your position, you receive a contract or letter called a “severance agreement,” which details things like your date of termination, any payments you’ll receive related to a severing of ties with your employer, benefits, references, return of company property and a release of claims against an employer.

Eisbrouch Marsh can review these documents and advocate on behalf of your best interests, so that a severance agreement will reflect what you deserve. To learn more about your legal options and speak with a NJ employment lawyer today, please contact us for a free and confidential consultation. We serve Bergen County, Essex, Morris, Hudson, Middlesex, Passaic, and the entirety of northern New Jersey.

  1. U.S. Department of Labor, “Disability Resources,” http://www.dol.gov/dol/topic/disability/ada.htm
  2. U.S. Equal Employment Opportunity Commission, “Disability Discrimination,” http://www.eeoc.gov/laws/types/disability.cfm
  3. U.S. Equal Employment Opportunity Commission, “Sexual Harassment,” http://www.eeoc.gov/laws/types/sexual_harassment.cfm
  4. National Women’s Law Center, “Sexual Harassment in the Workplace,” http://www.nwlc.org/our-issues/employment/sexual-harassment-in-the-workplace