Practice Areas

An Overview of Our Employment Law Practice in New Jersey

Our lawyers represent clients in and around Newark, Princeton and Jersey City

At the Arcé Law Group, our attorneys focus on all aspects of employment law, from discrimination, harassment and wrongful termination to wage and hour violations and discrimination based on a leave of absence. We also understand that discrimination of any type can be stressful, demoralizing, and embarrassing. Our attorneys work with you on an individualized basis to determine a flawless legal strategy. We seek to make the experience as smooth as possible.

We are skilled in achieving the best results for our clients, while maintaining discretion. From Newark to Jersey City to Princeton, we handle cases throughout New Jersey. Our legal team is experienced in both the State and Federal courts of New York, New Jersey, Pennsylvania and Washington, DC. If you believed that you have encountered any type of workplace discrimination or unfairness, call our offices to schedule a free confidential consultation with one of our attorneys (212-248-0120) or email our help desk.

Sexual Harassment

Sexual Harassment occurs when a person is subjected to comments or conduct of a sexual nature. Such conduct can range from sexually explicit comments, to simply repeated requests to go out on a date or implying that a person’s employment depended on whether that person gives in to the harasser’s sexual advances. In some cases, sexual harassment may progress into sexual abuse.

Typically, sexual harassment laws do apply to isolated incidents or simple teasing. Generally, the abuse must be “severe” or “pervasive.” A single incident of assault, indecent exposure, or serious harassment might be serious enough to be considered “severe.” Repeated situations in which you are taunted, asked for sexual favors, exposed to illicit imagery, stalked, or harassed are more likely to be considered “pervasive.”

Sexual harassment statutes are confusing and in-depth. A sexual harassment lawyer at the Arcé Law Group can help you better understand New Jersey state and federal laws. This area of law can be very objective — what is acceptable to one person may be completely offensive to another. That’s why we are here to sift through the facts and determine whether your claim is valid.

Discrimination

Everybody has the right to be respected at work regardless of how they look, what religion they practice, or whether or not they are disabled. The NJ lawyers at the Arcé Law Group seek to make New Jersey workplaces fair and equal. When your employer fails at their basic duty to provide an honest and impartial working environment, we are here to help.

Our New Jersey lawyers help clients affected by:

• Age discrimination. Age discrimination occurs when an employee (or prospective employee) is treated differently because of his or her age. Federal law protects workers 40 years of age and older, while New Jersey law covers employees under 40.
• Race discrimination. Race discrimination occurs when a person is subjected to unfair treatment because of their race, color, or personal characteristics. It can also be based on ethnicity, skin color, physical features, practiced customs, and more.
• Gender/sex discrimination. Your employment cannot be affected because you are a man, woman, or transgender.
• Religious discrimination. Workers must be treated equally regardless of their religion, religious beliefs, morals, or ethical beliefs. An employer cannot retaliate against an employee because he/she chose to observe their religious practice. You also have the right to work in a place that is free from ridicule and offensive comments/conduct relating to religious beliefs.
• Disability discrimination. Disability discrimination happens whenever an employer (or place of public accommodation) treats a person differently because of their disability or perceived disability. Also, if you are disabled or have been injured, you generally have a right to a “Reasonable Accommodation” and you cannot be retaliated against because you did request a reasonable accommodation.
• National origin discrimination. National Origin discrimination occurs when a person is subjected to unfair treatment because of where they were born, where they were raised, where they are from, or even their accent.
• Criminal history discrimination. You cannot be discriminated against for being arrested in the past.
• Pregnancy discrimination. Employers are forbidden from treating a female employee unfairly or differently because she is pregnant or because of a medical condition associated with her pregnancy.
• Marital status discrimination. It is unlawful for an employer to treat you unfairly because you are single, married, or divorced.
• Sexual orientation discrimination. You cannot be treated differently due to your actual or perceived sexual orientation.

Confused about whether or not your case falls under anti-discrimination laws? Turn to an attorney at the Arcé Law Group for assistance. We can effectively evaluate your claim.

FMLA (Family and Medical Leave Act)

Federal Law allows for qualified employees* up to 12 weeks of unpaid time-off from work. The FMLA generally requires a qualified employer* to reinstate an employee who has been out on FMLA qualified leave to their position or a substantially similar position. Congress, recognizing the importance of being able to address certain health and family situations, and the importance of protecting people’s jobs when such situations arise, enacted the FMLA in 1993. The FMLA also protects employees from being retaliated against because they either requested FMLA leave or took FMLA leave. Similarly, and Employer may not interfere with an employee’s leave once leave has been granted/taken.

The FMLA generally covers the following situations:

• The birth of a child and care for a newborn child.
• Placement and care for a newly adopted child or foster care child.
• A serious health condition that makes the employee unable to perform the key functions of her job.
• Care for a spouse, child, or parent with a serious health condition.
• An emergency-type situation arising from a spouse, child, or parent being on covered active duty in the military.

* To be a qualified employee, the employee must have worked at least 1,250 hours for the employer within the last 12 months, and have worked for the employer for at least 12 months. TO be a qualified employer, the employer must have 50 or more employees within 75 miles of the place of employment, or be a public agency. If either of these situation is not met, the employee does not fall under the protections of the FMLA. Therefore, usually smaller employers, part-time employees, and newly hired employees, are not covered. Nevertheless, you should contact our offices to speak with an experienced attorney and discuss your specific situation.

FLSA (Fair Labor Standards Act)

The Minimum Wage & Overtime Laws are rather clear; every employer must pay their employees the minimum wage + time and a half for overtime (all hours worked in excess of 40 hours in one week.) Of course, there are many exceptions to the FLSA wage rules, but these exceptions are detailed and should be determined on a case by case basis.

Many employers violate the FLSA by “mis-categorizing” an employee as “exempt” when the employee is in fact entitled to all of the FLSA provisions. Even employees who receive “a salary” are entitled to overtime. Just because an employer calls you an “exempt employee” does not necessarily determine whether you are exempt from the FLSA protections or not. There are many rules and exceptions to the Minimum Wage & Overtime Laws, but you should contact our offices to discuss your specific situation/case.

Just as a guideline, some of the more common FLSA violations include:

• Forcing employees to pay the employer a percentage of their tips and or commissions
• Classifying nonexempt employees as exempt or salaried
• Having employees work off the clock
• Paying below the federally mandated amount for overtime
• Refusing to pay employees any wages at all
• Deducting money from employee paychecks so that, after the deductions, the hourly rate averages to less than minimum wage
• Paying wages with goods or services or compensatory time instead of money
• Refusing to pay employees the minimum wage

*You must contact our offices to discuss your specific case as there are some differences between the NJ, PA , DC and NY State Discrimination Laws
Schedule a free initial consultation with a sexual harassment or discrimination lawyer in NJ
If you’ve been abused, discriminated against, or treated unfairly at work, you are probably confused, angry, and humiliated. At the Arcé Law Group, we work tirelessly to uphold justice. Contact us today at 212-248-0120.