Many mothers of newborns choose breast feeding as a means of nourishing their child. When they return to work after their child’s birth, they may want to pump breast milk so they can continue feeding their child breast milk. The federal government recognizes this, and...
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Kim, Cho & Lim, LLC Legal Blog
You’ve been offered a severance agreement: Should you take it?
It’s not easy when you find out you’re losing your job. Whether you’re laid off or terminated for some other reason, you’ll likely be confused, frustrated and anxious about your future. Your employer may offer you severance pay – if they do, it can seem like an easy...
Study says tech industry discriminates against Asian females
New York and New Jersey have burgeoning technology industries with many residents in the Metropolitan area working in this arena. While productivity and competence are expected to be the main component of working in these types of jobs, there is still a certain level...
Caddies sue golf club for violation of state wage and hour laws
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...
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...