Being a caddie, even at a prestigious private country club, is rarely viewed as a prestigious job. The hours can be long, the duties menial, and the pay low. Four caddies at the Montclair Golf Club in West Orange have decided to contest their status by filing a...
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Kim, Cho & Lim, LLC Legal Blog
Why employers misclassify employees as independent contractors
There are benefits to being an employee and benefits to being an independent contractor in New Jersey. Employees typically enjoy benefits that may not be offered to independent contractors. They also have taxes deducted from their paychecks which can make filing taxes...
What happens after you file a discrimination charge with the EEOC?
If you are discriminated against at work based on something such as your religion, ethnicity, age or sex you may feel humiliated and afraid for your job and livelihood. Work may become intolerable, but you do have options if you are discriminated against in the...
New York now has a new series of sexual harassment laws
For employers and employees in New York, workplace disputes can cause tremendous problems. Often, these are related to allegations of harassment. In recent memory, high-profile accusations, complaints and ramifications have been discussed in the public. With the...
What is constructive discharge?
Many employees in New Jersey find their work circumstances intolerable. Perhaps they are subject to racial discrimination or sexual harassment at work, or perhaps their supervisor treats them unfairly when compared other workers based upon race. In any event, these...
Defending against adverse employment action justifications
Racial discrimination in the workplace often results in a negative employment action. This action, whether it be demotion, reassignment, or termination, often comes after a complaint has been levied. Yet, despite the complaint, the employer typically argues that its...
A quick look at the FLSA’s exemption tests
How your employer classifies you as a worker can have a tremendous impact on how you’re paid and the benefits that your receive. If you’re deemed a non-exempt worker, for example, then you should be paid overtime. But how, exactly, are employees classified? Let’s take...
Overtime rules for workers and their employers
It is important for workers and their employers to understand overtime rules. It is also important for both that these rules are followed and that workers receive overtime compensation for the time and hours they have worked. Exempt and non-exempt workers Employees...
What to do when facing workplace retaliation
When workers in New Jersey and New York encounter discrimination or harassment on the job, they have both federal and state rights that will protect them. Unfortunately, in the process of seeking that protection through the proper channels at work, workers may face...
New wage increases in New Jersey
Minimum wage is going up in New Jersey. As of January 1, 2022, it is now $13 per hour, with incremental increases that will finally arrive at $15 per hour by 2024. This minimum wage guarantee will protect most workers except in certain occupations such as: certain...