How to Handle Workplace Retaliation Claims

It is important to understand the concept of unlawful retaliation and the protections afforded to employees under the New Jersey Law Against Discrimination (“LAD”).  Indeed, employers cannot take adverse employment actions (such as terminations or the denial of promotions) against employees because they oppose activities that violate the LAD.  Therefore, the LAD protects employees who oppose unlawful practices in the workplace such as discrimination. 

Understanding Workplace Retaliation 

Under the LAD, it is an unlawful employment practice to retaliate against any person because the individual (1) has opposed any practices or acts outlawed by the LAD or (2) has or intends to file a complaint, testify, or assist in any proceeding under the LAD.  

Employees who oppose discrimination in the workplace are afforded expansive protection under the LAD. Indeed, employers are prohibited from retaliating against individuals who report discrimination either internally to management or human resources.  Similarly, employers are prohibited from retaliating against individuals who file a complaint alleging discrimination with either federal or state government agencies such as the Equal Employment Opportunity Commission and the New Jersey Division on Civil Rights.    

Consequences of Workplace Retaliation 

Workplace retaliation can have significant consequences for employees. Such consequences include:

• Emotional Distress – Retaliation may cause anxiety, depression, and stress.
• Physical Distress – Retaliation may lead to health issues, such as sleep disturbances and headaches.
• Decreased Job Satisfaction and Morale – Retaliation generally causes job dissatisfaction.   
• Financial Impact – Retaliation may lead to loss of income, bonuses, and benefits. 

Four Tips on How to Handle Workplace Retaliation Claims 

Some general tips on how to handle workplace retaliation include the following:

1. Document all incidents.
2. Review Company policies.
3. Report the retaliation pursuant to Company policies.
4. Confer with legal counsel.   

Consult With a New Jersey Employment Retaliation Attorney

If you are experiencing unlawful retaliation, it is recommended to consult with a trusted New Jersey employment retaliation attorney. Consulting with legal counsel may be beneficial for a variety of reasons, including obtaining an honest assessment of your situation and recommended next steps.

If you believe that you have been subject to retaliation in the workplace or have been subject to an unlawful retaliatory discharge and are in need of an experienced and well-versed New Jersey Employment Attorney, please contact Curcio Mirzaian Sirot LLC.  

Can You Legally Get Fired For What You Post on Social Media?

In today’s information age, social media is obviously very prevalent.  As such, employees need to be mindful of how social media posts may impact their professional lives. Under certain circumstances, an employer may have a legitimate business reason for terminating an employee’s employment based on their social media postings.   

Can Your Employer Check Your Social Media Accounts? 

Generally speaking, employers in New Jersey have the legal right to check an employee’s or job applicant’s social media accounts under certain conditions. However, there are important considerations and limitations to be aware of:

• Publicly Accessible Information: Employers can generally view information that is publicly accessible on social media profiles. This includes posts, comments, and information that you have chosen to share publicly.
• Privacy Settings and Friend Requests: If your social media accounts are set to private or have strict privacy settings, employers cannot request private usernames or passwords. 
• Employer Policies and Consent: Some employers have policies that govern the use of social media, both in the workplace and in an employee’s personal life. Employees may be required to adhere to these policies, and violating them could have consequences.
• Monitoring During Employment: Employers generally have the right to monitor employees’ use of company-owned equipment and resources, including work-related social media accounts.

Types of Social Media Posts That Can Affect You Negatively At Work 

Certain types of social media posts can potentially have a negative impact on your professional life, especially if they are deemed inappropriate, offensive, or unprofessional.  Examples include:

• Discriminatory or Offensive Language: Posts containing discriminatory remarks or offensive language can be highly detrimental to your professional image.
• Harassment or Bullying: Engaging in or endorsing online harassment or bullying behavior can reflect poorly on your character and may lead to concerns about your conduct in the workplace.
• Inappropriate Content: This includes explicit content, whether it’s images, videos, or written content. Such posts can be viewed as unprofessional and may violate workplace policies.
• Confidential or Proprietary Information: Sharing sensitive or confidential information about your workplace, clients, or projects, even unintentionally, can lead to serious consequences and may breach confidentiality agreements.

Best Practices When It Comes to Social Media and Your Job

Maintaining a professional and positive online presence is important in today’s digital age. Here are some best practices for managing social media in relation to your job:

• Review and Adjust Privacy Settings:  Regularly review and update your privacy settings on social media platforms to control who can see your posts and information. 
• Separate Personal and Professional Accounts:  Consider creating separate social media accounts for your personal and professional use. Keep your professional accounts focused on industry-related content, networking, and showcasing your expertise.
• Think Before You Post:  Avoid posting content that could be offensive, controversial, or unprofessional.
• Stay Informed About Company Policies:  Familiarize yourself with your employer’s policies regarding social media use. Adhering to these policies is crucial for maintaining a positive relationship with your employer.

If You’ve Been Wrongfully Fired We Can Help 

If you believe that you have been wrongfully fired due to your social media posts, you should consult with legal counsel.  If you are in need of legal representation to defend you in a wrongful termination matter and/or are in need of the services of an experienced New Jersey wrongful termination lawyer who will provide you with important practical and legal counseling, please contact Curcio Mirzaian Sirot LLC.

What Employers Need to Know About New Jersey’s Wage and Hour Laws

The New Jersey Wage and Hour law is a set of laws and regulations that govern the minimum wage, overtime pay, meal and rest breaks, pay statement requirements, record keeping, and other important aspects of the employment relationship in the State of New Jersey. The main purpose of the law is to ensure that employees receive fair and adequate compensation for the work they perform and to provide them with basic protections and benefits in the workplace.

Understanding New Jersey’s Wage and Hour Laws 

Wage and hour issues are very complicated.  Accordingly, it is important for employers to have trusted legal counsel to advise them on wage and hour issues since failure to comply with the applicable wage and hour laws may expose employers to liability.   

Minimum Wage 

New Jersey’s minimum wage law establishes the minimum hourly wage rate that employers must pay their employees. Most employees in the State of New Jersey have minimum wage protection.  Effective January 1, 2023, the New Jersey minimum wage is $14.13 per hour for most workers. 

Overtime 

Under New Jersey law, most employees were entitled to overtime pay if they worked more than 40 hours in a workweek. This is similar to the federal FLSA standard. However, there are certain exemptions for certain job categories, such as managerial, executive, administrative, professional, and certain skilled computer-related positions.

Consequences of Breaking Wage and Hour Laws in New Jersey

Violating New Jersey wage and hour laws can result in a range of consequences, including legal penalties, fines, and potential liabilities. These consequences can vary depending on the nature and severity of the violation. Here are some potential consequences for violating New Jersey wage and hour laws:

• Fines and Penalties – Employers found in violation of wage and hour laws may be subject to fines and penalties imposed by the New Jersey Department of Labor and Workforce Development. These fines can vary based on the specific violation and the number of affected employees.
• Back Wages –  If an employer fails to properly pay employees the required minimum wage or overtime, they may be required to pay the affected employees the back wages they are owed. This could include the difference between the underpaid wages and the legally required wages.
• Liquidated Damages – Employers may be required to pay liquidated damages in addition to back wages. 
• Legal Costs –  Employers found to be in violation of wage and hour laws may be responsible for covering the legal costs of the affected employees, including attorney’s fees and court expenses.

Schedule a Consultation With a New Jersey Employment Attorney 

CMS’s New Jersey Employment Attorneys are trusted counselors who help their clients navigate through complex wage and hour issues. If you are in need of assistance from an employment lawyer with wage and hour issues, please contact Curcio Mirzaian Sirot LLC.

Five Tips for Conducting Effective Workplace Investigations

With the ever-increasing rights and protections for individuals in the workplace, employers have a legal responsibility to investigate both informal and formal complaints of unlawful workplace activity made by their employees, which include but are not limited to, allegations of discrimination, harassment, and hostile work environment, and workplace retaliation. Such investigations generally result in a written report containing findings and conclusions, and may serve as an important defense for the employer in the event there is ensuing litigation over the subject of investigation. Here are some tips on conducting effective workplace investigations.   

Tip #1: Set Realistic Expectations 

Setting realistic expectations is imperative in conducting effective workplace investigations.  As an investigator, it is important to: 

• Communicate clearly about the investigation’s purpose, scope, and anticipated timeline.
• Explain the role of all parties involved, including investigators, witnesses, and the accused.
• Clarify confidentiality and privacy considerations.
• Address potential outcomes, including corrective actions and disciplinary measures.
• Emphasize the commitment to a fair and unbiased process.

Indeed, effective communication and transparency throughout the investigation process contribute to maintaining a positive work environment and resolving workplace issues in a way that benefits all stakeholders.

Tip #2: Conduct the Investigation Promptly 

Promptly conducting workplace investigations is important for a variety of reasons that contribute to maintaining a healthy and productive work environment, including the following:  

Preservation of Evidence

Prompt investigations help ensure that relevant evidence is preserved. Memories fade, documents may be lost, and witnesses might become unavailable over time. Conducting investigations promptly helps capture accurate information.

Preventing Escalation

Addressing concerns and allegations quickly can prevent issues from escalating into larger problems. Timely investigations can help prevent conflicts from spreading and affecting more employees.

Minimizing Disruption 

Unresolved issues can disrupt work dynamics, teamwork, and productivity. Swift investigations and resolutions help minimize disruptions and allow employees to focus on their tasks.

Mitigating Legal Risks

Timely investigations demonstrate that the organization is proactive in addressing issues and complying with legal requirements. Delayed investigations can increase the risk of legal claims and liabilities.

Preventing Retaliation 

Quick responses to allegations can help prevent potential retaliation against the individuals who reported the concerns. Employees are more likely to come forward if they see that their concerns are taken seriously.

Maintaining Trust 

Timely investigations build trust among employees. When employees see that the organization is committed to addressing issues promptly and fairly, they are more likely to have confidence in the process.

Reinforcing Organizational Values

Organizations that prioritize prompt investigations demonstrate that they uphold their stated values and are dedicated to maintaining a positive workplace culture.

Tip #3: Do Not Guarantee Complete Confidentiality

Requiring confidentiality during workplace investigations can potentially be considered a violation of the National Labor Relations Act (NLRA), depending on the circumstances and the nature of the confidentiality requirement. The NLRA protects employees’ rights to engage in concerted activities for mutual aid or protection, which includes discussing workplace conditions, terms of employment, and other matters related to their work environment.  Confidentiality plays a significant role in protecting both the employer and employees throughout the investigative process.  

However, it’s important to note that not all confidentiality requirements are automatically considered NLRA violations. If an employer can demonstrate a legitimate and substantial justification for implementing confidentiality during a specific investigation, the requirement might be permissible.  For example, confidentiality limited to the duration of open investigations are generally considered lawful.  

Tip #4: Document Every Step of the Process

Documenting workplace investigations is essential for several reasons that contribute to transparency, accountability, and legal compliance, including the following: 

• Record of Facts – Documentation provides an accurate and objective record of the facts and details of the investigation. This ensures that information is captured accurately, reducing the risk of misunderstandings or memory gaps.
• Transparency –  Well-documented investigations demonstrate that the process was thorough, fair, and unbiased. Transparency helps maintain trust among employees and stakeholders.
• Legal Compliance –  Documentation can serve as evidence of the organization’s efforts to address workplace concerns and comply with legal obligations. In case of legal challenges, having thorough documentation can be crucial in defending the organization’s actions.
• Consistency – Consistent documentation practices ensure that investigations are handled similarly across cases, which contributes to a fair and equitable workplace environment.
• Timeline of Events –  Documentation creates a timeline of events, which can be helpful in understanding the sequence of actions, communications, and decisions related to the investigation.
• Support for Decisions –  If corrective actions or disciplinary measures are taken based on investigation findings, documentation provides support for those decisions, showing that they were based on objective evidence.

Tip #5: Hire an Employment Lawyer As Your Investigator

Hiring an employment lawyer to conduct a workplace investigation offers several benefits that can help ensure a thorough, fair, and legally compliant process, including the following: 

• Legal Background – Employment lawyers possess a deep understanding of relevant laws, regulations, and case precedents, ensuring that the investigation is conducted in compliance with applicable legal requirements.
• Impartiality – An employment lawyer can conduct the investigation without any preconceived notions about the parties involved, ensuring that the process is impartial and unbiased.
• Complex Cases –  For complex or high-stakes cases, an employment lawyer’s legal acumen can help navigate intricate legal issues and ensure proper handling of sensitive matters.
• Effective Interviewing Techniques – Employment lawyers are skilled in interviewing techniques that are legally sound and help elicit accurate and relevant information from witnesses and parties.
• Thorough Documentation –  An employment lawyer understands the importance of comprehensive documentation to protect the organization from potential legal liabilities.
• Strategic Recommendations –  Employment lawyers can provide strategic advice and recommendations based on their legal expertise, helping organizations make informed decisions about appropriate actions to take.

The New Jersey employment lawyers at CMS have extensive experience conducting independent fact-finding workplace investigations and are here to assist employers with this process.  If you need a trusted employment lawyer to conduct a workplace investigation, please contact Curcio Mirzaian Sirot LLC.    

Preventing Workplace Harassment in New Jersey: Legal Requirements and Best Strategies

Workplace harassment and hostile work environment claims are common employment litigation matters. Workplace harassment occurs where submission to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature is made a term and condition of employment, or where submission to or rejection of such behavior forms the basis for employment decisions.  A hostile work environment harassment claim requires the employee to demonstrate that the conduct was unwelcome, that it occurred because of the individual’s sex, and that a reasonable person would consider it sufficiently severe or pervasive to alter the employee’s conditions of employment.   

Legal Requirements For Preventing Workplace Harassment 

Employees in the State of New Jersey have the right to a workplace that is free from discrimination, retaliation, and harassment.  Both federal and state laws prohibit workplace harassment and a hostile work environment.  In New Jersey, employees are afforded broad legal protections under the New Jersey Law Against Discrimination (“LAD”).  

The LAD is a comprehensive law that covers a wide range of discriminatory practices, including workplace harassment. It prohibits employers from discriminating against employees based on various protected characteristics, and harassment is considered a form of discrimination.

Best Strategies For Preventing Workplace Harassment 

Workplace harassment is a significant liability concern for employers.  Therefore, it is important for employers to have strategies and policies in place to prevent workplace harassment.  

Create a Zero-Tolerance Policy 

Creating a zero-tolerance harassment policy can offer several benefits to an employer. Such a policy demonstrates a strong commitment to maintaining a safe and respectful work environment, which can positively impact both employees and the organization as a whole. A zero-tolerance harassment policy not only fulfills legal obligations but also contributes to a positive workplace culture and overall organizational success. 

Implement Training and Awareness Programs 

Implementing training and awareness programs in the workplace can bring a variety of benefits to employers. These programs are designed to educate employees about important topics such as workplace policies, legal requirements, safety protocols, and more.

Incorporating training and awareness programs into an organization’s operations requires an investment of time and resources, but the long-term benefits can far outweigh the initial costs. By equipping employees with the skills and knowledge they need to succeed, organizations can create a more capable, engaged, and resilient workforce.

Make Sure Everyone Knows How to Issue a Complaint 

It is important for employers to have a complaint mechanism in place.  Having a complaint mechanism in place for workplace harassment offers several benefits to employers. This mechanism allows employees to report instances of harassment, discrimination, or other inappropriate behavior in a safe and confidential manner. 

A crucial component of a comprehensive approach to preventing workplace harassment. It serves to protect both employees and the organization by addressing issues promptly, maintaining a respectful culture, and mitigating legal and reputational risks.

Build a Healthy Workplace Culture 

Building a healthy workplace culture can have many positive impacts on both employees and the organization as a whole. A healthy workplace culture is one where employees feel valued, supported, and motivated, and where there is a strong focus on collaboration, well-being, and shared values. A healthy workplace culture contributes to a more harmonious, productive, and sustainable work environment. It creates a sense of purpose, belonging, and shared values that benefit both employees and the organization’s overall success.

Consult With a New Jersey Workplace Harassment Lawyer 

The New Jersey workplace harassment lawyers at Curcio Mirzaian Sirot LLC  are trusted counselors who provide important strategic legal advice to their clients. Our employment attorneys understand their clients’ needs and advocate on their behalf. If you believe you have been subject to unlawful workplace harassment or a hostile work environment, please contact Curcio Mirzaian Sirot LLC. 

Worker Classification in New Jersey: Independent Contractor vs. Employee

Work classification issues are very complex.  And, misclassification of independent contractors vs. employees could have significant legal ramifications for employers. As such, it is important for employers to have a strong understanding of the differences between independent contractors and employees.      

Independent Contractor Vs. Employee – What’s the Difference?

There are significant differences between an independent contractor and an employee under New Jersey law. Independent contractors are typically individuals who operate their own businesses and provide services to other businesses. They have a higher degree of independence and control over how they complete their work. 

Independent contractors often have their own tools, equipment, and workspace. They might work for multiple clients and have more freedom in setting their work schedules. Independent contractors usually have a written contract or agreement outlining the scope of work, payment terms, and other terms and conditions.

Independent contractors are responsible for paying their own income taxes and may need to make estimated tax payments throughout the year, and independent contractors typically do not receive employee benefits such as health insurance, retirement plans, or paid time off from the hiring company.

On the other hand, employees are typically under the direct control and supervision of the employer. The employer dictates the details of how, when, and where the work is performed.  Employees are generally considered part of the company’s regular workforce and are integrated into its operations. Employers are responsible for withholding income taxes, Social Security, and Medicare taxes from employee wages.  And, employees are often entitled to benefits such as health insurance, workers’ compensation, paid leave, and retirement plans provided by the employer.

Consequences of Misclassifying an Employee 

Misclassifying workers as independent contractors when they should be classified as employees can have serious legal and financial consequences in New Jersey. Here are some potential consequences:

Legal Penalties and Fines 

New Jersey has strict labor laws and regulations regarding worker classification. Employers who misclassify workers may face penalties and fines imposed by various state agencies, such as the New Jersey Department of Labor and Workforce Development. The fines can vary based on the number of misclassified workers and the severity of the violation.

Unpaid Taxes and Benefits

When workers are misclassified as independent contractors, the employer may not be withholding and remitting the appropriate taxes (e.g., income tax, Social Security, Medicare) as they would for employees. Additionally, misclassified workers might be denied access to employee benefits like health insurance, workers’ compensation, and unemployment benefits.

Back Wages and Overtime

Misclassified employees might not receive the wages and overtime pay they’re entitled to under wage and hour laws. If an employee is found to have been misclassified, they may be eligible to recover back wages, overtime pay, and other compensation they should have received.

Legal Claims and Lawsuits

Misclassified workers have the right to file legal claims or lawsuits against their employers for unpaid wages, benefits, and other damages resulting from misclassification. These legal actions can lead to costly settlements and legal fees.

To avoid these consequences, it’s essential for employers in New Jersey to properly classify their workers and adhere to state and federal labor laws.

Consult With a New Jersey Employment Lawyer to Ensure You’re Compliant

Misclassifying workers as independent contractors when they should be classified as employees can have serious legal and financial consequences in New Jersey.   That is why it is essential to consult with trusted employment counsel.  CMS New Jersey Employer lawyers are trusted counselors who help their clients navigate through complex misclassification issues. If you are in need of assistance from an Employment Lawyer with misclassification issues, please contact Curcio Mirzaian Sirot LLC.

Five Common Workplace Issues in New Jersey and How an Employment Lawyer Can Help

Employees are frequently confronted with challenging day-to-day issues in the workplace. That is why it is advantageous to obtain legal counseling from a seasoned employment attorney to help you navigate through complicated workplace issues. CMS employment lawyers provide a wide array of counseling services for employees. 

1. Hostile Work Environment and Harassment

Workplace harassment and hostile work environment claims are common employment litigation matters. Workplace harassment occurs where submission to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature is made a term and condition of employment, or where submission to or rejection of such behavior forms the basis for employment decisions.  A hostile work environment harassment claim requires the employee to demonstrate that the conduct was unwelcome, that it occurred because of the individual’s sex, and that a reasonable person would consider it sufficiently severe or pervasive to alter the employee’s conditions of employment. 

If you feel that your employer has not adequately addressed the issue or if you experience retaliation for reporting the hostile work environment, consider consulting an experienced employment attorney in New Jersey. They can help you understand your rights, assess the strength of your claim, and guide you through the process.

2. Whistleblower Claims 

Two prevalent types of retaliation claims in the State of New Jersey arise under the New Jersey Law Against Discrimination (“LAD”) and the New Jersey Conscientious Employee Protection Act (“CEPA”).  Under the LAD, it is an unlawful employment practice to retaliate against any person because the individual (1) has opposed any practices or acts outlawed by the LAD or (2) has or intends to file a complaint, testify, or assist in any proceeding under the LAD.  CEPA protects whistleblowers in the State of New Jersey.  Among the prohibitions of CEPA is that an employer cannot retaliate against any employee who discloses or threatens to disclose, to a supervisor or to a public body, an activity, policy, or practice of the employer or another employer with whom there is a business relationship, that the employee reasonably believes is in violation of a law or is fraudulent or criminal.

An employment lawyer can assess the merits of your whistleblower claim by reviewing the evidence you have and determining whether the conduct you reported falls under the protection of whistleblower laws. They can advise you on the appropriate course of action based on the specific circumstances of your case.

3. Employee Discrimination 

The New Jersey Law Against Discrimination (“LAD”) strictly prohibits discrimination in the workplace. Indeed, individuals have the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits practices such as employment terminations, demotions, and the denial of promotions motivated by discriminatory biases.  

Discrimination in the workplace is prohibited against any employee or applicant for employment based on race, color, religion, gender, national origin, age, pregnancy, sexual orientation, disability, genetic information, status as a covered veteran, creed, nationality, ancestry, marital status, domestic partnership status, civil union status, gender identity or expression, atypical hereditary cellular or blood trait, liability for service in the Armed Forces of the United States, HIV or AIDS status, or any classification covered by applicable federal, state and/or local laws.  This applies to all personnel actions including recruiting, hiring, training, transfer, promotion, job benefits, performance evaluation, discipline, and dismissal.

An employment lawyer can provide invaluable assistance when it comes to pursuing a discrimination claim in the workplace.  The lawyer will review the details of your situation and evaluate whether you have a valid discrimination claim. They will assess the evidence, identify potential legal claims, and determine the best course of action.

4. Wage and Hour Issues 

The New Jersey Wage and Hour law is a set of laws and regulations that govern the minimum wage, overtime pay, meal and rest breaks, pay statement requirements, record keeping, and other important aspects of the employment relationship in the State of New Jersey. The main purpose of the law is to ensure that employees receive fair and adequate compensation for the work they perform and to provide them with basic protections and benefits in the workplace.

The New Jersey Wage Payment Law is a state law that governs the payment of wages to employees in New Jersey. The law sets forth specific requirements for when, how, and in what form employees must be paid, as well as establishing certain protections for employees who are not paid as required by law. 

The New Jersey Wage Theft Act is a state law that was enacted in 2019 to address the problem of wage theft. The law provides stronger enforcement tools for the state and stronger protections for employees who are not paid their lawful wages. Some key provisions of the New Jersey Wage Theft Act include:

1. Increased Penalties: The law increases penalties for wage theft and makes it easier for employees to recover stolen wages.
2. Joint Liability: The law establishes joint liability for wage theft for both the direct employer and any other entity that benefits from the work performed.
3. Whistleblower Protections: The law provides protections for employees who report wage theft and retaliation against them is prohibited.
4. Record-Keeping Requirements: Employers are required to keep accurate records of hours worked, rates of pay, and other pertinent information for a period of at least six years.
5. Right to Sue: The law gives employees the right to sue their employer for wage theft and provides for treble damages, meaning an employee can recover three times the amount of the stolen wages.

Wage and hour issues are very complicated.  As such, it is important for individuals to have trusted legal counsel to advise them on wage and compensation issues.  

5. FMLA Issues

The Family and Medical Leave Act (“FMLA”)  allows eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.  Employees in the State of New Jersey may also be entitled to unpaid, job-protected leave under the New Jersey Family Leave Act (“FLA”).  Retaliation for taking leave under the FMLA or FLA and/or interference with an employee’s rights to take leave under the FMLA or FLA may give rise to legal claims. 

Leave of absence issues are particularly complex. It can be confusing and overwhelming for an employee to understand these types of issues. Accordingly, it is important to retain a trusted employment attorney to help you navigate complicated leave of absence legal issues.  

Receive Counseling on Common Workplace Issues

During the course of employment, there are many potential legal issues that may arise for employees, including but not limited to, the complicated legal issues set forth above. Issues in the workplace may cause physical and emotional stress. That is why it is important to consult with an experienced and trusted employment attorney when such issues arise. The New Jersey employment lawyers at CMS use their extensive experience to provide their clients with practical counseling advice that is narrowly tailored to meet their individual needs. If you are in need of workplace counseling, please contact Curcio Mirzaian Sirot LLC.  

The Importance of Reviewing Your Employee Handbook

In today’s litigious environment, it is vital for employers to have written policies in place that set forth their protocols with regard to a wide variety of legal issues. These policies may also serve as important defenses in the event of litigation. 

Why You Should Review Your Employee Handbook 

As an employer, reviewing your employee handbook on a regular basis is crucial for several reasons.  Employment laws and regulations are subject to change over time. By reviewing your employee handbook, you can ensure that your policies and practices are up to date and in compliance with the latest legal requirements. An employee handbook provides guidelines and standards that promote consistency and fairness in your organization. By regularly reviewing the handbook, you can ensure that the policies and procedures are applied consistently to all employees.

Your employee handbook is an opportunity to communicate your company’s culture, values, and expectations to your employees. By reviewing it, you can ensure that the content aligns with your current organizational goals and values, fostering a positive work environment and reinforcing your company’s identity. An updated employee handbook ensures that your policies and procedures are clearly communicated to your employees. It provides them with a comprehensive resource that they can refer to when they have questions or need guidance. Regular review of your handbook helps identify any ambiguities or outdated information that may confuse employees and lead to misunderstandings.

How Often Should Your Employee Handbook Be Reviewed? 

As a general guideline, it’s recommended to review your employee handbook at least once a year. However, it’s important to note that circumstances may require more frequent reviews. For instance, if you operate in a highly regulated industry or if there have been recent legal changes that impact your organization, more frequent reviews may be necessary to stay compliant.

What to Look For When Reviewing Your Employee Handbook 

When reviewing your employee handbook, there are several key areas to review, such as the following: 

Legal Compliance

Ensure that your policies and procedures are in compliance with federal, and state employment laws and regulations. Check for any updates or changes in legislation that may require revisions to your handbook.

Clarity

Make sure your policies are written in a clear, concise, and understandable manner. Avoid jargon or technical terms that may confuse employees. 

Consistency: 

Check for consistency in your policies and procedures throughout the handbook. Ensure that similar topics are treated consistently and that there are no conflicting statements or guidelines.

Accuracy 

Verify that the information provided in the handbook is accurate and up to date. Remove any outdated or obsolete policies, procedures, or references. 

Benefits 

Check the section on employee benefits, including health insurance, retirement plans, paid time off, and any other perks or benefits offered by your organization. Ensure that the information is accurate and reflects the current offerings.

Reporting Procedures

Review the procedures for reporting workplace misconduct, harassment, discrimination, or other policy violations. Ensure that employees are aware of their rights and the appropriate channels to raise concerns or complaints.

Consult With an Employment Law Attorney While Reviewing Your Employee Handbook

It is vital that all businesses have Employee Handbooks in place and consistently update them to comply with ever-changing employment laws. CMS Employment Attorneys are well-versed in drafting and updating Employee Handbooks. If your business needs an Employee Handbook or your business needs to update your Employee Handbook, please contact Curcio Mirzaian Sirot LLC.