Federal Employment Law versus New Jersey Laws
Many employers are required to comply with federal employment laws. If a business is not bound by these laws, it’s typically because the company is too small and doesn’t employ the required number of people to qualify. Some of the more common federal employment laws include:
- Fair Labor Standards Act of 1938
- Title VII of the Civil Rights Act of 1964
- The Family and Medical Leave Act of 1993
- The Occupational Safety and Health Act of 1970
Several New Jersey laws that could apply, depending on your particular circumstances. These laws include:
- New Jersey Law Against Discrimination
- New Jersey Conscientious Employee Protection Act
If an employer has violated a federal law, you would need to file a claim with the U.S. Equal Employment Opportunity Commission (EEOC), while a violation of New Jersey state laws would be handled by the New Jersey Division on Civil Rights (DCR).
Exercising Your Rights
If you believe something is happening at work that violates a federal and/or state law, you need to ensure you are thoroughly documenting everything. This is the evidence you need to help support your claim if you move forward. Prior to filing a claim, it is recommended you take all documentation to your human resources department. Many issues can be resolved internally without the need to file a claim. In the event nothing happens, or they don’t seem interested in resolving the issue, then proceed with filing a claim.
If you are an employer, documentation is also key. If you discipline an employee or terminate someone, you should have documentation on file showing why you took that particular action. It helps to note verbal warnings, keep copies of written warnings, etc.
Retaining an Experienced Mahwah Employment Law Attorney
No matter whether you are an employee or an employer who needs assistance with an employment law matter, it’s important to speak with an experienced Mahwah employment law attorney. Employment law matters can be complex, and it’s important to speak with an attorney who can give you legal advice on what the best course of action. Contact the Law Offices of Usmaan Sleemi at 973-453-4060 to schedule a consultation and let us help resolve all your New Jersey employment law needs.