Last October, the Department of Labor proposed a rule concerning the test to determine whether to classify worker as an employee or independent contractor. Expected to take effect early this year, the rule would return to a test used previously. The resignation of...
Kim, Cho & Lim, LLC Legal Blog
New law designed to protect New Jersey’s temporary workers
In New Jersey, there are certain segments of the workforce who are vulnerable to employer misbehavior and illegal activity. Often, that is viewed as negatively impacting people in the service industry, immigrants and those who might be too fearful or lack the...
Harassment in the remote workplace
Remote work has expanded the workplace beyond the employer’s traditional physical location. Problems that afflict the traditional office or workspace, however, still affect remote work but in novel ways. New risks A more relaxed, less-supervised and distant remote...
Legal rights for domestic violence victims
Being a victim of domestic violence affects every area of your life, including your employment. Whether you are still experiencing domestic violence or just escaped an abusive situation, you may need some time off work to process what you have been through and get...
Twitter accused of workplace discrimination
Despite the enormous power employers have over employees, employers are bound by federal and state laws to not discriminate against any employee based on race, religion, color, national origin, sex, gender identity, sexual orientation and pregnancy. With all hiring...
Employee protection under New Jersey law
If you are employed in the United States, whether you are a U.S. citizen, an immigrant or a refugee, you are protected under the law. If you have been asked by your employer to work overtime, have not been paid what you are owed by your employer, have not been paid...
Do I have a right to take unpaid leave?
Unexpected events happen to all of us, and many times, these events require us to take extended time away from our jobs. Whether it is taking care of a sick family member, a major accident or any other event that suddenly disrupts your life, you want to be able to...
Are you correctly classified as an exempt employee?
When you start a job, you are paid on either an hourly basis, or you are paid a yearly salary. Whether you are paid an hourly rate or a yearly salary depends on how you are classified as an employee. The Fair Labor Standards Act (“FLSA”) mandates that employers pay...
What rights do I lose if my employer misclassifies me?
Employers misclassifying employees is a common problem in New Jersey. Not only is this a legal violation, but it prevents workers from getting all the benefits to which they are entitled. Regardless of whether it is done intentionally or it is due to a simple mistake,...
Reasonable accommodations and undue hardship
Workplace discrimination is incredibly common. Although some of this discrimination is hidden, other times its pretty obvious. But there are some situations where the actions in question are on the line, which can lead to a lot of questions being asked and legal...