Table of Contents

Key Takeaways

Labor lawyers in Bergen County handle workplace issues like wage disputes, discrimination, wrongful termination, and family leave matters
New Jersey offers stronger worker protections than federal law, including LAD and CEPA
At-will employees can sue for wrongful termination under specific circumstances
Local labor attorneys understand both federal regulations and state-specific employment laws
Both employees and employers enjoy specialized labor law representation

Labor lawyers in Bergen County, NJ help employees and employers deal with complex workplace laws. The complexity of these laws leads to a variety of employment issues, like unpaid wages, discrimination, and union disputes.

These attorneys play a big part in enforcing federal regulations like the Fair Labor Standards Act (FLSA) and New Jersey-specific statutes such as the Law Against Discrimination and Wage Payment Law.

Let’s look at some of the types of cases labor lawyers in Bergen County handle. By understanding this, you can make better decisions on whether to seek legal advice if you’re facing a workplace issue.

What Is a Labor Lawyer?

A labor lawyer is an attorney who specializes in employment and labor law. They represent individuals, unions, or companies in legal matters involving the workplace. That could mean wage and hour compliance, discrimination, labor organizing, contract disputes, and employee leave. Many labor lawyers in New Jersey are also experienced in state-specific laws.

What Types of Cases Do Labor Lawyers in Bergen County Handle?

In Bergen County, labor lawyers often work on cases involving federal and New Jersey employment laws. Here are the most common types of legal issues they address:

How Do Labor Lawyers Address Wage and Hour Violations?

Labor lawyers handle cases involving unpaid wages, improper deductions, and violations of minimum wage or overtime laws. New Jersey’s Wage and Hour Law requires that workers receive at least the minimum wage ($15.49 per hour). It also entitles NJ workers to time-and-a-half for hours worked beyond 40 in a week.

Employers who fail to comply can be subject to penalties, and employees can seek compensation with an attorney’s help.

When Can Employees File Family and Medical Leave Disputes?

Employees covered under the Family and Medical Leave Act (FMLA) have the right to take up to 12 weeks of unpaid leave for qualified medical or family reasons. These include caring for a new child, recovering from serious illness, or supporting a family member on active military duty.

If an employer denies valid FMLA requests or retaliates against employees for taking protected leave, an attorney can step in.

How Do Labor Attorneys Fight Workplace Discrimination?

One of the most significant roles labor lawyers play is fighting against workplace discrimination. The New Jersey Law Against Discrimination (LAD) protects employees from unfair treatment based on several protected characteristics. These characteristics include race, religion, gender, sexual orientation, disability, pregnancy, and many others.

If you’ve been demoted, passed over for promotions, or terminated due to one of these traits, an attorney can file a claim on your behalf.

Can At-Will Employees Sue for Wrongful Termination?

Although New Jersey is an “at-will” employment state, that doesn’t mean employers can fire workers for illegal reasons. The state recognizes a public policy exception to the at-will rule. The NJ Supreme Court mandated this in the case of Pierce v. Ortho Pharmaceutical Corp.

Rulings from the case held that employees terminated for reasons violating a clear public policy, like refusing to engage in unethical or illegal activities, may have a wrongful discharge claim.

A labor lawyer can determine whether your firing qualifies as wrongful under state law and help you pursue legal action.

What Protection Do Whistleblowers Have in the Workplace?

New Jersey’s Conscientious Employee Protection Act (CEPA) protects whistleblowers from retaliation. Let’s say you report illegal activity or refuse to take part in unlawful conduct at work. If your employer fires you for that, you may have grounds for a lawsuit.

Exercising legal rights, like requesting sick leave or filing a discrimination complaint, are also protected under CEPA. If your employer punishes you for these things, a labor lawyer can file a claim for you.

How Do Labor Lawyers Handle Union and Collective Bargaining Issues?

Employees in Bergen County have the right to unionize and engage in collective bargaining under the National Labor Relations Act (NLRA). Labor lawyers represent clients during union elections, assist in negotiating collective bargaining agreements, and pursue legal remedies for unfair labor practices.

Which Laws Protect Workers in Bergen County?

Labor lawyers apply a wide variety of statutes to protect workers in Bergen County. Key federal and state laws include:

New Jersey Law Against Discrimination (LAD) – Prohibits discrimination based on more than a dozen protected characteristics
New Jersey Wage and Hour Law – Establishes rules for minimum wage, overtime, and wage payment
Family and Medical Leave Act (FMLA) – Grants eligible employees job-protected leave for family and health reasons
National Labor Relations Act (NLRA) – Safeguards union rights and collective activity
Conscientious Employee Protection Act (CEPA) – Shields employees who report illegal conduct from retaliation
Equal Pay Act & NJ Equal Pay Act – Require equal pay for equal work regardless of gender

Can At-Will Employees Sue for Wrongful Termination?

Yes, if the termination violates public policy. New Jersey courts have carved out exceptions to the at-will employment doctrine. In the Pierce v. Ortho case, the court allowed an employee to sue when her employer forced her to resign for refusing to do work she thought was unethical.

Wrongful termination claims can also arise from retaliation, discrimination, or whistleblowing. Labor lawyers check whether an employer’s reason for dismissal is lawful or masks an illegal motive.

Do Labor Lawyers Represent Employers Too?

Absolutely. Besides representing employees, labor lawyers in Bergen County regularly advise local businesses. Employers hire labor attorneys to:

Draft employee handbooks and workplace policies
Follow wage and hour laws
Respond to Department of Labor audits
Resolve union disputes or negotiate CBAs
Defend against lawsuits for discrimination or retaliation

Having legal guidance helps employers stay compliant and reduce legal risks.

Why Hire a Local Labor Lawyer in Bergen County?

Working with a local attorney provides several advantages. Labor lawyers in Bergen County are familiar with regional employers, court systems, and administrative agencies like the New Jersey Division on Civil Rights and the Department of Labor.

They understand the nuances of state-specific rules like the Wage Theft Act, Earned Sick Leave Law, and NJ Equal Pay Act. That knowledge is used to build stronger cases. Whether you’re seeking compensation or ensuring compliance, a Bergen-based attorney offers valuable local insight.

Bergen County Labor Law FAQs

Can I sue my employer for not paying overtime?

Yes. If you’re a non-exempt worker and your employer has not paid time-and-a-half for hours worked beyond 40 in a week, NJ’s Wage Laws may entitle you to back pay and penalties.

What protections do I have if I report illegal conduct at work?

New Jersey’s Conscientious Employee Protection Act protects you from retaliation for whistleblowing. If you’re punished for reporting or refusing to take part in unlawful activity, you may have a legal claim.

What qualifies as wrongful termination?

Wrongful termination occurs when an employee is fired for reasons that violate state or federal laws. Some examples include discrimination, retaliation, or refusal to engage in illegal conduct.

Can I be denied leave under the FMLA?

Not legally. If you qualify under the FMLA, your employer must grant leave for covered reasons. If leave is denied or you’re punished for taking it, a labor lawyer can help enforce your rights.

Is job discrimination based on pregnancy illegal in NJ?

Yes. The Pregnancy Discrimination Act and LAD protect pregnant workers from being treated unfairly due to pregnancy, childbirth, or related medical conditions.

When to Contact a Labor Lawyer in Bergen County

It’s understandable to be overwhelmed by workplace issues. But you don’t have to face them on your own. Issues like unpaid wages, denied leave, wrongful termination, or workplace discrimination, can be handled by a labor lawyer in Bergen County. They’ll help protect your rights and guide you through the legal process.

If you’re an employer, you can also benefit from labor lawyers’ expertise. Their legal guidance can help you avoid costly mistakes, legal risks, and noncompliance.