DISCRIMINATION BECAUSE OF DISABILITY
The New Jersey Law Against Discrimination (LAD) and the Americans with Disabilities Act (ADA) protect disabled people. Disabled means either a physical or psychological disability. These laws also protect those who have an association with a disabled person, such as a parent who takes care of a disabled child. The LAD also specifically prohibits employment discrimination because of genetic information, for refusing to submit genetic information or a typical hereditary or blood traits.
The ADA and LAD require employers to provide reasonable accommodations to protect the rights of individuals with disabilities (or those individuals associated with a disabled individual) in all aspects of employment. Employment includes the application process, hiring, wages, and benefits. Medical examinations and questions about your medical history are highly regulated. If you are asked to take a medical examination or if you are asked questions about your medical history, your rights may have been violated.
MINIMUM WAGE & OVERTIME
The provisions of the federal and state wage and hour laws apply to most workers. With a few exceptions (for example, trainees or people who normally receive gratuities/tips), all workers must be paid at least the federal minimum wage. The 1999 minimum wage is $5.15 per hour.
If you work more than 40 hours per week for a single employer, you must be paid time and one-half for each hour beyond 40. Temps must also be paid overtime if they work more than 40 hours for one temp agency, even if they work at several different client firms.
If a temp worker works for several different client firms, then overtime is calculated by taking an average of all hours worked at all the various rates of pay. Once the average hourly pay for the week is computed, that average rate is multiplied times one and one-half for each hour over 40. If you work only a portion of an hour, you must be paid for that time.
Workers earning $600/week or less must be paid at least twice monthly. If you are fired, quit, laid off, or cannot work because of a labor dispute, you must be paid all wages owed you no later than the usual pay day for those wages. Your employer may not hold back any part of your pay without cause. If your employer disputes some part of your pay, she is still obligated to pay you, on your regular pay day (any amount that is not in dispute).
If your employer (neither the temp agency or the client firm) breaks any of these laws, you can file a lawsuit in either state or federal court. The laws provide for damages, costs, and attorney fees, so you should be able to find a lawyer to take the case without cost to you. And, remember, the Consumer Fraud Act may triple the amount of money owed to you.
Temporary Workers Alliance
214 State St.
Hackensack, NJ 07601
Tel #: 201-489-7476
Fax #: 201-342-0608
If you have direct questions/comments regarding this
website, please e-mail:
The Employer-Employee Relationship in the
by John J. Sarno, Employers Association of NJ
206 pages, $19.95
Call 973-239-8600 to receive a copy