Increasing overtime pay for blue collar workers was a hotly contested issue during President Barack Obama’s administration. Donald Trump was not as committed to raising overtime pay as either Obama or Biden. President Joe Biden made increasing overtime one of his...
Kim, Lim & Partners Legal Blog
What are signs of discrimination at work?
People’s work performance and skills should be the factors that are used to determine whether they receive raises, promotions, demotions, are terminated and how other employment decisions are made in New Jersey. Unfortunately, this is not always how decisions are...
White collar workers exempt from some federal wage laws
In addition to New York and New Jersey laws, the federal Fair Labor Standards Act governs workers’ wages and compensation. Employers must pay most employees a minimum wage and time-and-a-half for overtime. Managers and administrators, however, may be exempt from these...
Distinguishing between employees and independent contractors
The distinction between employees and independent contractors is essential but it is not always well understood. Some of this is because there is no one test under federal law for identifying whether a worker is an employee or an independent contractor....
Pregnancy discrimination and New Jersey’s new protocols
If you are working while pregnant, you should keep in mind that you have civil rights based on your pregnancy status. Federal law protects pregnant people and endows them the right to a work environment free of harassment and discrimination. Pregnancy discrimination...
New attendance law will impact New York employers and employees
For New York employers and employees, attendance requirements are based on workplace policy and what state law says about how this is regulated. This is designed to provide guidelines and protect both sides. In the past, however, there has been a certain level of...
When am I entitled to overtime pay under state and federal law?
You work hard for a living, and you deserve to be paid for the hours you work. This can include compensation for hours worked over the standard 40-hour workweek. Many workers in New York and New Jersey are owed overtime pay above and beyond their regular wages if they...
What might constitute “sexual harassment” in the workplace?
“Sexual harassment” is a term that we have all seen quite frequently in the news in recent years, particularly with regard to this type of conduct occurring in workplaces throughout the country. New Jersey is not immune to this issue. But, even though it may seem like...
Has the #MeToo movement reduced workplace sexual harassment?
According to a study done by the Harvard Business Review, the #MeToo movement appears to have improved the lot of women in the workplace, at least in some ways. Based on the study's sample, fewer women were expecting sexual pressure or unwelcome flirting and other...
The difference between quid pro quo and hostile work environment
There are many different ways in which discrimination can occur against an employee while at work. Harassment is one of them and it can take a couple of different forms. Understanding the difference between the two can help you identify it so that you know what action...