Sexual harassment at work is something that no worker should ever have to deal with. You have the right to a workplace that is free of harassment and that isn't hostile. Employees who have to deal with sexual harassment at work can take steps to stop the unfair treatment and rectify the issues.
Employers in New Jersey and around the country can face significant penalties for retaliating against workers who have made harassment or discrimination claims, and a ruling by a federal appeals court indicates that sanctioning employees who have filed lawsuits over unpaid wages or overtime could also be costly. The ruling, which was handed down by the U.S. Court of Appeals for the 5th Circuit, allowed a maintenance worker to recover damages for emotional distress in a Fair Labor Standards Act case.
Many New Jersey workers are entitled to employee rights like a mandatory minimum wage and overtime compensation. Employment laws also allow workers to claim workers' compensation benefits if they are injured and unemployment benefits if they are laid off. However, workers that are classified as independent contractors are not entitled to these same rights.
If an individual doesn't have the financial resources to pursue a legal case, they may not get the best possible outcome. For instance, it may be necessary to settle a case for less than what the plaintiff may deserve. It may also be necessary to forego a lawsuit altogether if an attorney cannot be convinced to take a case that may take months or years to resolve.
Many New Jersey workers are aware of the basic premise of the Fair Labor Standards Act (FLSA). This is the law that requires employers to pay non-exempt employees at least the federal minimum wage for hours worked. Additionally, overtime must be paid for time over 40 hours in the work week. There are details about this law that are often overlooked by employers and employees alike.
Many employment relationships, even those that are at will, are framed by contractual relationships. The employment agreement might specify the work duties, employment benefits and other terms at the outset, and a separation agreement might describe how that relationship will end.