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Bergen County, New Jersey, Law Blog

Are you a victim of “quid pro quo” harassment?

Not all forms of sexual harassment look the same. One form of sexual harassment is known as quid pro quo harassment. In Latin, the phrase translates to “something for something” or “this for that.” An example of this type of sexual harassment is when someone in a supervising role offers an employee a favorable employment outcome in exchange for sexual relations.

Quid pro quo harassment can be implicit or explicit. Generally, quid pro quo harassment occurs in two ways, including:

Removal from sex offense registration

We are approaching what many people feel is the official start of the long holiday season in the U.S. It begins with Halloween on Oct. 31. Tradition calls for children to mark Halloween night by dressing in costumes and going door to door for treats. Some news outlets choose this moment to provide information about certain convicted sex offenders registered with authorities as living around Saddle Brook.

The registering and tracking of offenders is required by state and federal law. At the same time, there can be no denying that inclusion on the roster carries negative consequences for those listed in every facet of life. It is understandable then that individuals on the registry might desire removal. fortunately, the law makes provision for such action, under specific circumstances.

Should I worry if my corporation faces white collar charges?

People convicted of crimes face possible prison time when convicted of a crime. Companies can face criminal charges, as well. While a company won't go to jail, consequences of conviction can result in serious penalties that scuttle business potential now and perhaps permanently.

Indictments against corporate entities typically take the form of white collar crime charges. In the past, penalties for conviction might have amounted to symbolic slaps on the wrist. In recent years, though, prosecutors have been more aggressive in bringing cases, especially when they involve significant amounts of money. Such action demands a strong defense.

Yes, you should always fight drunk driving charges

No matter the circumstances behind your drunk driving arrest, or how strong the evidence is against you, it's always wise to fight the charges rather than bury your head in the sand and hope for the best. Doing so only hands the prosecution an easy conviction, and it's unlikely that falling to put up a fight will compel the judge to "go easy" on your sentencing.

It comes as a surprise to many that even drunk driving charges that seem like an open and shut case usually have some room to build a defense, even if the defense does not ultimately result in dismissed charges. A strong defense can help a person facing DWI charges protect his or her rights and possibly reduce the severity of the consequences, all of which are positive outcomes to some degree or another.

The distracted driving epidemic: Key statistics

Distracted driving takes lives every day in the United States. It's often blamed for recent increases in overall fatalities. For instance, when 37,461 people died in car accidents in 2016, despite an overall trend of decreasing fatalities for decades, that was a 5.6 percent increase over the 2015 fatality totals.

In other words, roads that were getting safer for years were suddenly getting more dangerous again, and distracted driving played a pivotal role. Many experts blame smartphones, although in-car technology has also taken some heat. Anything that makes the driver stop thinking about driving, even for a moment, is a risk.

New Jersey parking lots: riskier than expected

The National Safety Council (NSC) reports some alarming statistics about parking lot accidents and injuries. According to NSC data, there are more than 50,000 reported parking lot and garage structure accidents annually, resulting in 500 deaths and upwards of 60,000 injuries.

Insurers report that the number of claims for auto accidents in parking lots and garages spike on Black Friday at continue at a rapid pace throughout the entire Christmas and Hanukkah holiday shopping season.

Partners at Small Bergen County Law Firm Mark 40+ Years as Certified Civil Trial Attorneys

Individuals seeking guidance in identifying attorneys to help them pursue litigation - or defend themselves in a lawsuit - were given an invaluable aid in the 1980s. The Board on Attorney Certification was established by the Supreme Court of New Jersey for the purpose of helping consumers find attorneys who have a recognized level of competence in particular fields of law.

As a result attorneys are designated by the Supreme Court as "certified attorneys" if they: are able to demonstrate sufficient levels of experience, education, knowledge and skill in a specific area of law or practice; have passed a rigorous examination; and have been recognized by their peers as having sufficient skills and reputation in the designated specialty.

Breaking free of the criminal record ball and chain

The ball and chain image enjoys a long history in U.S. iconography. It can mean many things. In the context of criminal law, it tends to serve as a visual cue that the person wearing it stands convicted of some charge. For the person it's attached to, it is a burden that can't be shed.

Balls and chains are not as common as they once were, but records of arrest or conviction can have the same effect, barring some from full participation in society. Applications for housing, education or work often ask if a person has a record, and answering truthfully often means rejection.

Need-to-know information about NJ sick leave law

Getting a job can be difficult. Sometimes, keeping one can be hard, too. As we noted in a post back in August, New Jersey stands out in the United States when it comes to mandating benefits for workers. Counted under this heading is the Family Leave Insurance program.  Family Leave Insurance provides monetary benefits for up to six weeks so employees can bond with a newborn or newly adopted child, or provide care for a seriously ill or injured family member.

Combined with the federal Family and Medical Leave act, the Family Leave Insurance provides some measure of financial security for many workers in the state. Taking advantage of them, of course, requires knowledge about what rights those laws convey. Many people don't have that information, which is why consulting an employment law attorney is important.

Understanding The New Jersey Equal Pay Act

On April 24, 2018, Governor Phil Murphy signed into law the "Diane B. Allen Equal Pay Act," which became effective on July 1, 2018. N.J.S.A. 34:11-56:13. The Act amends the New Jersey Law Against Discrimination ("LAD"), and prohibits pay disparities based upon characteristics protected by the LAD, such as race, creed, color, national origin, nationality, ancestry, age, or sex.

Specifically, the Act made it an unlawful employment practice for "an employer to pay any of its employees who is a member of a protected class at a rate of compensation, including benefits, which is less than the rate paid by the employer to employees who are not members of the protected class for substantially similar work, when viewed as a composite of skill, effort and responsibility." N.J.S.A. 10:5-12(t). However, an employer may pay an employee who would otherwise be protected at a different rate of compensation if the employer demonstrates that the difference is based on: (1) a seniority system, (2) a merit system, or (3) a showing of five specific factors. Ibid. 

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