Originally from NJSpotlight.com by Marcus Rayner “Sick-leave and equal-pay proposals aren’t inherently bad, but they can make it difficult if not expensive for fair-minded businesses to operate. One of the core tenets of the U.S. legal system is that criminal defendants are presumed innocent until proven guilty. Defendants are not required to lift a finger…

At Will Employees in New Jersey Employees generally fall into two categories, “at will” and “for cause.” These two types of employees are very different and have different implications for employers, especially with regards to when these different types of employees can be terminated. If a business hires an employee as an “at will” employee,…

Employees vs. Independent Contractors An important question for any employer is to determine whether to treat workers as traditional employees or independent contractors. There are substantial differences between how workers are treated as traditional employee versus independent contractors. A traditional employee is normally hired by the company, tasks they perform are controlled by the company,…

Non-Compete Agreements for Employees Sometimes when dealing with employees it is important to have binding non-compete agreements to protect your business’ customers, trade secrets, and inventions. Non- compete agreements are also known as confidentiality or non-disclosure agreements and protect trade secrets and information that allows your business to operate profitably. Employees need access to this…

Requirements of the Americans with Disabilities Act for Employers The Americans with Disabilities Act of 1990 (ADA) was passed in part to prevent employees and applicants for jobs with disabilities from being discriminated against in the hiring, payment, promotion, and firing aspects of employment. The act prohibits discrimination against otherwise qualified applicants or employees solely…

Whistleblowers in the Workplace A whistleblower is an employee who complains or brings to an employer’s attention misconduct by the employer of health and safety violations, fraud against shareholders, and financial mismanagement. As an employer you must be mindful not to terminate or otherwise discipline an employee merely out of retaliation towards the employee for…

Employer Investigation of Workplace Discrimination/Harassment Claims Employers are frequently faced with claims involving discrimination and harassment in the workplace. The Equal Employment Opportunity Commission (EEOC) noted that in 2010 there were nearly 100,000 workplace discrimination claims. It is important that employers recognize the importance of conducting a proper investigation into any discrimination or harassment claim….