Category: Employment Law

When people think about wage and hour claims, they usually think of minimum wage violations. However, state and federal labor laws govern many other areas of employer conduct, including when to pay employees, overtime pay, child labor, breaks, recordkeeping, and other wage and hour matters.

Companies must follow many rules and regulations, both nationally and at the state level in New Jersey. Even diligent business owners can sometimes find themselves on the wrong side of a legal dispute regarding their wage and hour practices. 

The first step in avoiding wage and hour claims is understanding the laws governing New Jersey employers. Guidance from New Jersey wage and hour lawyers with experience in labor law can assist you in reducing the number and severity of wage and hour claims you might face.

Wage and hour claims in New Jersey

Most employers are subject to the federal Fair Labor Standards Act (FLSA). The act sets minimum wage and overtime pay for employees nationwide. 

However, the FLSA only sets a minimum standard.

An overview of New Jersey wage and hour laws

New Jersey has a higher minimum wage for employees than the standard federal rate of $7.25 per hour (which has remained the same for 14 years). 

Other state laws offer additional wage and hour protections for employees, such as:

• New Jersey State Earned Sick Leave Law
• New Jersey State Wage and Hour Laws and Regulations
• New Jersey State Prevailing Wage Act and Regulations
• New Jersey State Child Labor Laws and Regulations
• New Jersey State Wage Payment Law

Some laws apply to specific industries, such as seasonal agricultural labor, health care, state building services, and construction.

Furthermore, municipalities can enact additional laws regarding rights and protections for employees working within their jurisdiction. 

Because there are so many overlapping policies, employers often struggle to determine which laws and regulations apply to them.

Enforcement of New Jersey wage and hour laws

It is important for employers facing wage and hour claims to understand when FLSA applies and when it does not.

Not all New Jersey employers or employees are subject to the federal statute of the FLSA. In cases where they are not, New Jersey labor laws govern. However, courts have tended to interpret interstate commerce very broadly, and hence the FLSA applies in most cases.

Wage and labor laws in New Jersey are enforced by the U.S. Department of Labor’s Wage and Hour Division and the New Jersey Department of Labor and Workforce Development. The applicable law in a particular wage and hour claim determines which government agency hears an employee’s complaint.

Common types of wage and hour claims

Wage and hour claims cover a wide variety of issues related to employee compensation, which can include:

• Minimum wage violations
• Improper wage deductions
• Refusing to pay overtime wages
• Failure to provide required rest and meal breaks
• Misclassification of exempt employees
• Violating laws governing earned sick leave, health benefits, and fringe benefits
• Failing to reimburse employees for covered expenses
• Improperly classifying workers as independent contractors
• Requiring off-the-clock work
• Improper tip and service charge practices
• Violations regarding payment of final paycheck
• Improperly withholding or diverting an employee’s wages
• Failing to pay an agreed-upon salary

Consequences for wage and hour violations in New Jersey

New Jersey employers can face severe penalties for violating wage and hour laws. Depending on the violation and the applicable law in question, the employer could face large fines or jail time. The state could also charge penalties for withholding an employee’s wages. Repeated violations of wage and hour laws by employers significantly increase the penalties.

Companies can purchase employment practices liability insurance to help protect them from losses due to employment claims. However, the insurance might not cover all costs associated with employment-related claims. It is important to take proactive steps to avoid these claims.

Defending against wage and hour claims

When an employee files a wage and hour complaint, the government agency tasked with enforcing the applicable law investigates the claim and can file a lawsuit if it finds that an employer has acted illegally.

Companies accused of wage and hour violations in New Jersey need to provide evidence of their practices and policies to assemble their defense. Therefore, it is essential to maintain complete and accurate employee records. 

How wage and hour claims attorneys can protect your business

When a wage and hour case is brought against a New Jersey employer, their counsel handles communications with the investigating government agency. They ensure timely responses are filed during the audit or inquiry, provide advice, and protect the company’s legitimate interests throughout the legal process.

Attorneys must often rely on employer records to respond adequately to employee wage and hour claims and mount a defense, sometimes by proving that the employee was in a legally exempt category. Other potential defenses could include the expiration of the statute of limitations and the good faith defense. Sometimes, the government agency in question lacks jurisdiction over the matter, or the law being cited does not apply. 

An experienced New Jersey employment attorney can identify the right course of action in response to a wage and hour claim and prepare to provide a defense in court, if necessary.

Three ways to be proactive in avoiding wage and hour claims

Waiting until a problem arises to consult an attorney is not the best way for companies to deal with wage and hour claims. Instead, they should take proactive steps to avoid compliance issues. Once an employee has filed a wage and hours claim, it could already be too late to avoid penalties and reduce liability.

Here are three ways to take a proactive approach to refuting wage and hour claims.

1. Maintain good employment records (and recordkeeping practices)

Employers should seek to maintain meticulous employment records. You can do this by: 

• Establishing consistent documentation policies 
• Following the statutory requirements for employee records 
• Following requirements for record storage, retention, and disposal
• Implementing processes for regular employee records reviews
  

2. Audit your records

Auditing your records also provides assurance that your business is adhering to requirements. 

While businesses can perform audits on their own, the work involved can be daunting. By consulting with an experienced employment law attorney, companies can ensure that audits are done correctly and do not cause unreasonable internal burdens. 

A wage and hour claims attorney can determine the laws and regulations that apply to your company and examine all aspects of your business, including relevant policies and procedures. They can also assess where your business might be exposed to compliance risks and provide recommendations for changes you can make to avoid wage and hour violations and reduce the risk of such claims.

3. Plan for the future

In addition to ensuring your business complies with all existing wage and hour laws and providing a defense when claims arise, a lawyer can help you stay informed about the law and protect your business’s future. 

Having an employment law attorney on your side ensures your company is up-to-date with current labor law statutes. Employment lawyers constantly monitor regulatory changes that could impact their clients and develop strategies to ensure compliance with new laws as they arise.

Protect your business with experienced wage and hour claim attorneys

Our New Jersey employment lawyers at The Law Offices of Andrew Dressel LLC have extensive experience providing companies with a vigorous defense against wage and hour claims. We also work with clients to develop compliance plans that reduce the risk of claims and liability. 

Our attorneys help you protect your company’s reputation and interests. Because we have worked on cases in many areas of business and corporate law matters, we are prepared to develop customized strategies to support your goals. 

If you have questions about wage and hour claims or other employment law matters, contact our law firm to schedule a consultation.

The content in this article is for general informational purposes only. It should not be construed as legal advice or a substitute for legal advice. The information above does not create an attorney-client relationship, nor do prior results guarantee future outcomes. Any reliance you place on such information is therefore strictly at your own risk.

Managing employee claims can be a difficult balancing act for employers. Upholding employee rights is vital for staying in good legal standing, protecting employee morale, and guarding your business reputation. But what is the best way to address situations when they arise? How do you handle complaints in a way that resolves matters as expediently as possible without legal or regulatory missteps?

Employee claims encompass a broad spectrum of issues in the workplace, from allegations of harassment to complaints about work conditions. As an employer, how you respond can profoundly impact your organization’s credibility, culture, and more.

This guide provides a strategic approach to effectively managing and resolving these claims, fostering a robust, inclusive, and legally compliant work environment.

Steps for responding to employee claims

When it comes to addressing claims in the workplace, employers must be very prudent. To navigate the process effectively, here are eight steps that will help you understand and work toward resolving these issues.

Step 1: Understand employee claims

Grasping the various types of employee claims and their legal implications is paramount in effectively addressing and managing workplace conflicts.

Types of claims

Employee claims can be diverse, ranging from discrimination allegations, complaints about working conditions, or grievances regarding harassment or wages. 

Some of the most common types of employee complaints include:

• Discrimination 
• Harassment 
• Retaliation 
• Wrongful termination
• Post-termination claims

Each type of claim involves different considerations for employers. Talking with a knowledgeable employment lawyer can help you navigate the specifics of claims you may be facing and determine their merit. 

Legal implications

Ignoring employee complaints or handling them improperly can lead to legal complications like lawsuits, government investigations, and financial penalties. Therefore, employers must familiarize themselves with relevant laws governing discrimination, harassment, health and safety, and employee rights.

If you’re unsure of what laws might apply to your business, or how, an experienced employment lawyer can provide clarity and help you identify the best path forward for your business.

Step 2: Consider the employee perspective

Understanding the employee perspective is crucial in effectively addressing and resolving workplace conflicts. This entails acknowledging employee concerns and creating a retaliation-free environment for voicing issues.

Acknowledging employee concerns

Employees may find it challenging to voice their concerns to employers for fear of retaliation or dismissiveness. Management must acknowledge these fears and to demonstrate empathy and seriousness when addressing their complaints. Doing so can reassure your employees, potentially preventing conflicts from escalating.

Avoid retaliation

Retaliation against employees for raising complaints or participating in an investigation is illegal. Employers should ensure a safe space for employees to voice their concerns without fear of adverse consequences.

Step 3: Establish a complaint management procedure

Setting up a robust complaint management procedure is instrumental in resolving employee concerns systematically, fairly, and confidentially.

Formalizing a complaint process

A well-documented procedure for issuing and addressing complaints can streamline the process and ensure fairness. This can include multiple avenues for employees to raise complaints, such as through their supervisor, HR, or an anonymous reporting system.

Confidentiality

Maintaining confidentiality throughout the complaint process is vital. However, complete confidentiality may not always be possible, so it’s essential to ensure that information is only disclosed on a need-to-know basis.

Step 4: Investigate employee claims

Investigating employee claims is a critical step requiring a prompt response, thorough examination, and a well-qualified and impartial investigator. Working with an attorney experienced in facilitating internal investigations can be a prudent step to take. They can help you scope an investigation properly while maintaining sensitivity to disruptions and other operational impacts an investigation may cause. 

Prompt and thorough investigation

Upon receiving a complaint, employers should initiate a prompt and thorough investigation. Depending on the nature and severity of the complaint, an impartial third party could be engaged to ensure an unbiased investigation.

Roles of the investigator

The appointed investigator should have the necessary experience conducting investigations, remain objective, and have no personal connection with the complainant or the accused. They should also be able to perform the investigation without bias or interference.

Step 5: Conduct interviews

Interviews play a critical role in the investigative process, gathering first-hand accounts from the complainant, witnesses, and the accused.

Interviewing the complainant

The first step usually involves interviewing the complainant to gather detailed information about their complaint. This includes the nature of the complaint, the parties involved, specific incidents, any witnesses, and the effect of the incident on the complainant.

Interviewing witnesses and the accused

Next, the investigator should interview any identified witnesses and the accused individual, ensuring that all interviews are conducted separately and privately to maintain confidentiality and impartiality.

Step 6: Evaluate evidence

Evaluating evidence is pivotal in the investigation, involving careful collection and review of pertinent documents and an assessment of credibility.

Gathering and reviewing documents

The investigator should gather and review all relevant documents, such as emails, text messages, attendance records, and other related documents. This can help corroborate or contradict the statements made during the interviews.

Assessing credibility

The resolution of a complaint often relies on the credibility of the parties involved. The investigator should develop guidelines for evaluating credibility, considering factors like the consistency of statements and the presence of corroborative or contradictory evidence.

Step 7: Take remedial action

Upon concluding an investigation, it’s necessary to take appropriate remedial action and conduct post-investigation follow-ups to ensure resolution and prevent recurrence of the issue.

Determining appropriate action

If the investigation reveals a valid complaint, the employer should take immediate and appropriate corrective action. This can range from issuing a warning to terminating the perpetrator, depending on the severity of the misconduct.

Post-investigation follow-up

The employer should inform both parties of the investigation’s outcome and any corrective action taken. Regular follow-ups with the complainant should be conducted to ensure the issue has been resolved and prevent recurrence.

Step 8: Document the investigation

Keeping detailed records of the investigation and preparing a comprehensive final report are vital steps in ensuring transparency, accountability, and a robust reference for potential future disputes.

Maintaining records

The employer should maintain detailed records throughout the investigation, including interview notes, communications with witnesses, documents reviewed, and steps taken to resolve the issue. These records can prove invaluable in case of future disputes or legal challenges.

Reporting

After concluding the investigation, the investigator should prepare a final report outlining the investigation process, findings, and recommendations. This helps maintain transparency and accountability in the process.

Step 9: Cooperate with government agencies

When a complaint is escalated to a government agency, such as the Equal Employment Opportunity Commission (EEOC) or Occupational Safety and Health Administration (OSHA), employers should cooperate by providing requested documents and information. 

There may be instances where agencies request additional data for investigations beyond the initial documentation provided. This could include email communications, personnel files, or internal investigation reports. Employers should be transparent and collaborate fully with such inquiries to validate their adherence to employment laws. 

To guarantee cooperation and the protection of the company’s interests, employers should engage a legal advisor to vet these documents before submission. Maintaining a respectful relationship with regulatory bodies could help mitigate severe penalties in case of substantiated complaints. 

Seek professional guidance

Employers don’t have to—and shouldn’t—go it alone when responding to employee claims. Hiring an experienced investigator and legal counsel with experience in labor and employment law can be beneficial in complex cases to ensure a comprehensive, impartial, and legally compliant internal investigation.

Effectively addressing employee claims is critical to maintaining a positive and compliant work environment. By understanding the nature of these claims, taking them seriously, and following a systematic approach to resolving them, employers can mitigate legal risks, enhance employee trust, and foster a respectful workplace culture.

The content in this article is for general informational purposes only. It should not be construed as legal advice or a substitute for legal advice. The information above does not create an attorney-client relationship. Any reliance you place on such information is therefore strictly at your own risk.

Ask any employer if they’ve ever faced employment law issues, and if they’ve been in business for a long time, the answer is probably yes. It’s very common for employers to face legal issues, and employment law cases can be complex. 

Mistakes during these legal proceedings can have significant consequences, resulting in costly settlements, damaged reputation, and potential legal repercussions. That’s why employers must be aware of common pitfalls and how to avoid them. 

Risks faced when employers mishandle employment law cases

Legal issues in the workplace aren’t uncommon. According to a report by Hiscox, up to 10% of small to mid-sized businesses deal with some kind of employee discrimination claims. The average cost of matters that lead to a defense and settlement payment is $160,000 and took 318 days to be resolved.

But financial costs aren’t the only risk of running up against employment law cases. In addition to financial penalties and losses, businesses also face reputational damage, decreased productivity, and loss of employee morale. 

Top five employment law mistakes employers can make (and how to avoid them)

No business wants to face financial losses or damage their reputation—but when you take the right measures, you can avoid some of the most common mistakes and protect your business’ future.  

Mistake #1: failing to sufficiently document

Accurate and detailed hiring records, performance evaluations, disciplinary actions, and any complaints or grievances are essential for your business, yet one of the most common mistakes employers make is failing to maintain comprehensive documentation and records related to their employees. 

Not only does thorough documentation practices ensure a fair and transparent workplace, but they can help protect employers in potential legal matters, from wage and hour claims to charges of discrimination. 

Without the right documentation strategy in place, employers may find it difficult to defend their actions or demonstrate compliance with employment laws. Moreover, insufficient records can weaken an employer’s position during negotiations, arbitration, or litigation, making it harder to disprove allegations or support their defense.

Avoid this mistake by: getting trained on best practices for workplace documentation

If your business doesn’t have clear documentation practices, consider seeking out an experienced employment attorney to help guide staff through best practices for creating documentation. 

Having a solid foundation for how to appropriately create and maintain documentation for your business will make it easier to establish the right policies and procedures for documentation, ensure consistent record-keeping practices, and regularly train supervisors and managers.

Mistake #2: inadequate policies and employee handbooks

You wouldn’t expect your employees to know how to step into their role without guidance on their current daily tasks and responsibilities—but are you expecting them to know how to be an employee at your company without it? 

Another significant mistake employers make is failing to develop, implement, and maintain comprehensive employment policies and employee handbooks. 

Policies provide employees with a framework for expected behavior and serve as evidence of compliance with current employment laws. Without proper policies in place, employers may inadvertently violate laws, leading to potential legal claims.

Avoid this mistake by: regularly reviewing and updating policies

Laws, especially in regards to employment matters, are by no means static. Even if you have thoroughly documented policies and practices that align with relevant statutory requirements, they may change. 

Employers should assess policies to reflect current laws and regulations. Consulting with an employment law firm can ensure policies are aligned with legal requirements.

Once policies have been updated, employers must communicate changes to employees, including distributing and obtaining signed acknowledgments of receipt. Regular training sessions on policies help prevent misunderstandings and ensure compliance.

Mistake #3: insufficient training programs

Failure to provide sufficient training to employees and management on employment laws and regulations is a significant mistake employers often make. 

Inadequate training can lead to misunderstandings, inconsistent practices, and unintentional violations of laws, resulting in costly legal disputes. Training programs should cover anti-discrimination, harassment prevention, wage and hour laws, and workplace safety.

Avoid this mistake by: investing in a comprehensive training program

Regularly scheduled training sessions, whether conducted in person or online, should be mandatory for all employees, including supervisors and managers. Training programs should be documented, and employee attendance records should be maintained as evidence of compliance efforts.

Mistake #4: mishandling complaints and investigations

Employers often mishandle employee complaints, leading to legal disputes that can escalate quickly. 

Failing to promptly and thoroughly investigate complaints of discrimination, harassment, or other misconduct can expose employers to significant legal liabilities. Employers must establish clear procedures for reporting complaints and ensure confidentiality and impartiality throughout the investigation process.

When an employee raises a concern or files a complaint, employers should take immediate action to investigate the matter. Employers should designate trained individuals or external resources to conduct objective and fair investigations. It’s crucial to document each step of the investigation, including interviews, evidence gathering, and conclusions reached. 

Avoid this mistake by: addressing complaints before they escalate

Employers should make sure that it is safe and as comfortable as possible for employees to share grievances, but it’s just as important to provide timely feedback on any complaints and communicate the results of any investigations. 

To ensure fairness and equal treatment, establish clear procedures for supervisors and HR staff members to follow in these situations. Finally, employers must guarantee that no employee faces retribution or retaliation for filing complaints.

Mistake #5: improper classification of employees

Misclassifying employees as independent contractors or exempt from overtime pay is a serious error that can result in substantial legal consequences. 

Employment classification determines an employee’s entitlement to benefits, overtime pay, and legal protections. Misclassification can lead to wage and hour claims, unpaid overtime lawsuits, and tax implications.

Avoid this mistake by: consulting with employment law counsel to verify 

Employers must accurately classify employees based on applicable laws and regulations. Understanding the criteria for independent contractor status and the exemptions from overtime pay under the Fair Labor Standards Act (FLSA) is crucial. 

Consulting with a knowledgeable employment law firm can help employers ensure proper classification, minimizing the risk of misclassification claims.

The solution: seek out an experienced employment law firm

Employers face many challenges in navigating employment law cases. By recognizing and avoiding the top five mistakes discussed above, they can significantly reduce legal risks, protect their reputations, and maintain a positive work environment. 

However, legal support is vital in complex employee legal matters—and the wrong decision can have lasting consequences. Working with an experienced employment law firm can help employers navigate sensitive concerns before they become a problem, establish policies and practices that support the needs of both employees and the business, and protect their future.  

One of the foundational goals of the #MeToo movement was encouraging the victims of workplace abuse and harassment to speak up so everyone would be aware how pervasive of a problem it is. However, many victims of employment discrimination are barred from telling their story by non-disclosure agreements signed as part of a lawsuit settlement or severance package. 

In order to give victims a voice, the New Jersey Legislature passed a law banning the use of non-disclosure agreements in cases involving certain workplace issues, like harassment and retaliation. Since the law went into effect in 2019, victims have been able to speak out about what happened to them… or so everyone thought.  

This summer, a New Jersey Appellate Court ruled the 2019 law banning non-disclosure agreements does not cover non-disparagement clauses. The ruling in Savage v. Township of Neptune, 472 N.J. Super. 291, created a lot of confusion in the employment law world. Victims are upset, and employers who want to quietly settle sexual harassment suits are rushing to do so while they have a way to keep them quiet. But perhaps nobody was more shocked by the court’s decision than the legislators who drafted the 2019 law. 

As a law firm that handles a lot of employment law disputes for small to mid-sized companies in central New Jersey, The Law Offices of Andrew Dressel LLC has been keeping a close eye on these developments.  

What’s Happening Now?

The latest action in this area is once again on the legislative front. In a direct response to the opinion in Savage, New Jersey lawmakers introduced A4521, which would clarify that the current law on non-disclosure provisions also prohibits certain non-disparagement provisions in employment contracts and settlement agreements.  

This sort of swift, targeted response to the courts is unusual, and highlights the importance of this issue.  

Right now, the bill is sitting in the Senate Labor Committee waiting on a hearing. It passed the Assembly in a landslide with 59 members voting yes, 9 no’s, and 4 abstentions. 8 members did not vote.  

If passed into law, this legislation would become effective immediately, and apply to “all contracts and agreements entered into, renewed, modified, or amended on or after the effective date.”  

A Few Other Changes To Note

We also want to note that the bill “removes a provision of current law that provides that the prohibition on non-disclosure agreements does not apply to the terms of any collective bargaining agreement between an employer and the collective bargaining representative of the employees.” And “permits mediation or arbitration clauses to be included in an employment contract that is a result of a collectively bargained agreement for claims related to discrimination, retaliation, or harassment.” Unlike the outright ban on non-disparagement provisions, these changes won’t impact every employer. But larger employers who have collective bargaining agreements with their employees should be aware of this potential update.  

And for anyone concerned that the bill’s broad language allowing employees to speak freely about their past employment could create some problems when there is a non-compete agreement in place, the drafters thought of that. The legislation states: 

Notwithstanding any other provision of law to the contrary, this section shall not be construed to prohibit an employer from requiring an employee to sign an agreement: 

     (1)   in which the employee agrees not to enter into competition with the employer during or after employment; or 

     (2)   in which the employee agrees not to disclose proprietary information, which includes only non-public trade secrets, business plan and customer information. 

However, as we noted in a previous blog post, the New Jersey Legislature is taking steps the significantly limit the use of non-compete agreements, so this might end up being a non-issue. 

Contact The Law Offices of Andrew Dressel LLC Today for Advice on Employment Contracts and Settlement Agreements

Any New Jersey employer that includes language limiting the ability of current and former employees from speaking out about their job should take note of this pending legislation, and consider how they want to react if it becomes law.  

New Jersey businesses have relied on non-disclosure and non-disparagement clauses for decades as a way to protect their assets and encourage the quick settlement of employment disputes. Taking away this tool without considering what other means might be used to accomplish these goals is risky.  

The Law Offices of Andrew Dressel LLC is advising a number of businesses in New Jersey and beyond as they consider whether to make changes to their existing employment documents. Please contact our experienced team of attorneys to schedule a meeting if this is a topic we can assist you with.