Costello & SilvermanNew Jersey Employment Lawyers | Civil Rights Attorneys2026-07-14T19:21:14Zhttps://www.costellosilverman.com/feed/atom/WordPress/wp-content/uploads/sites/1204429/2025/07/cropped-Updated_Logo_Fav-32x32.jpgOn Behalf of Costello & Silverman<![CDATA[Why being salaried in NJ does not always mean no overtime]]>https://www.costellosilverman.com/?p=550552026-07-03T15:50:34Z2026-07-03T15:50:34ZWhat decides overtime eligibility for salaried employees?
A salary only explains how your employer pays you. It does not decide whether you qualify for overtime. Under the federal Fair Labor Standards Act (FLSA) and the New Jersey Wage and Hour Law, employers generally must meet several legal tests before treating a salaried worker as exempt from overtime.
New Jersey requires overtime pay at one and one-half times the regular rate after 40 hours in a workweek for covered nonexempt employees, with recognized exemptions. The law looks beyond your paycheck. It generally considers several legal standards, including:
A salary alone does not decide overtime eligibility. Your pay structure only explains how your employer pays you.
Your daily duties matter. Your actual work carries more weight than your job title. Executive, administrative and professional exemptions generally apply only when your main duties involve authority, judgment or specialized knowledge.
Your salary must meet legal rules. A fixed paycheck alone is not enough. Exempt employees generally must receive a guaranteed salary that meets the minimum threshold under federal and state rules.
A salary can still include overtime. Some employers classify workers as salaried nonexempt employees. That means you receive a regular weekly paycheck but still earn overtime when you work more than 40 hours in one week
Employers sometimes misclassify workers when they rely too much on job titles. This issue appears across many industries. It can affect assistant managers, office staff, customer service workers, health care employees and technicians when their daily work remains routine or closely supervised.
Protecting your pay starts with clarity
Learning the rules can help you recognize when your pay classification deserves a closer look. Small details about your position often decide whether your employer should have paid overtime.
If your schedule regularly exceeds 40 hours and your classification does not match your daily duties, legal guidance may help review how the FLSA and New Jersey wage laws apply. A careful evaluation can also give you a clearer view of your workplace rights and possible legal protections.]]>On Behalf of Costello & Silverman<![CDATA[5 smart ways New Jersey protects your income from wage theft]]>https://www.costellosilverman.com/?p=550092026-05-26T19:00:38Z2026-05-26T19:00:38ZYou work hard for every dollar you earn. However, wage theft remains a prevalent issue in New Jersey's service industry. In fact, many hourly and tipped workers experience unpaid wages without even realizing it.
This is why understanding your rights can help you safeguard your income. But first, you need to recognize what wage theft actually looks like in your workplace.
Understanding what wage theft really means
Wage theft usually occurs when employers fail to compensate you properly for your work. Your employer might misappropriate your tips or refuse to pay overtime. They could also make unauthorized deductions from your paycheck. Some employers even pay less than minimum wage or fail to pay you at all. These actions violate your fundamental rights as a worker. Fortunately, the state has implemented strong safeguards for your benefit.
What is New Jersey’s Wage Theft Act?
The New Jersey Wage Theft Act provides you with substantial legal tools to fight back against these unfair practices. This state law imposes serious consequences for employers who withhold wages. As a result, the act represents a significant advancement in worker protections across the state.
Five powerful protections working for you
Now that you understand the Wage Theft Act, here are the specific protections it offers. The law provides five key safeguards that directly benefit you such as:
Triple damages: You can recover up to 300% of your stolen wages, including your original compensation plus double that amount in liquidated damages.
Six years to make your claim: You have six years to file for unpaid wages, which substantially exceeds the federal law timeframe.
Protection against retaliation: The law presumes retaliation when your employer punishes you within 90 days after you submit a wage complaint.
Multiple accountable parties: Both staffing agencies and client companies share joint liability for ensuring employers pay you properly.
Stop-work orders: The state can issue cease-operations orders shutting down violating businesses completely until they pay restitution.
These protections give you considerable leverage when fighting for your rightful wages. With this knowledge, you can better advocate for yourself and claim what you've earned.
Your rights deserve protection
You've earned every dollar in your paycheck and New Jersey's strong protections exist because your work holds inherent value. Yet, many workers don't realize how much authority the law grants them. This is why taking time to understand your rights represents the first step toward protecting your income. At the end of the day, employers must compensate you fully and fairly for every hour you work.]]>On Behalf of Costello & Silverman<![CDATA[Fighting back against disparate impact discrimination in New Jersey]]>https://www.costellosilverman.com/?p=549982026-04-24T14:03:08Z2026-04-24T14:03:08ZIdentifying disparate impact discrimination
Numerous federal and state statutes prohibit intentional discrimination and also practices that lead to discrimination without malicious intent. When seemingly neutral practices have a more significant negative impact on one group of people as opposed to other demographics, those practices may technically constitute discrimination.
For example, the culturally biased tests required to secure enrollment in school or an employment opportunity might disproportionately impact certain groups of people when looking at the big picture statistics regarding who secures opportunities. Numerous policies, ranging from rules against hiring those with criminal convictions to minimum credit score requirements, could lead to claims of disparate impact discrimination.
Especially in cases where these policies do not have a basis in actual need, those impacted by these policies may have grounds to take legal action. Disparate impact discrimination may not be intentional, but it may still deny people fair access to housing, employment and educational opportunities. Those who believe they have experienced a violation of their civil rights may need assistance learning about the law and taking appropriate steps to assert themselves.
The assistance of an attorney may prove invaluable for those who have experienced disparate impact discrimination in housing, employment or educational matters. Documenting the policies or practices that seem discriminatory and then reviewing them with an attorney can help people take appropriate legal action under New Jersey's expanding civil rights statutes.]]>On Behalf of Costello & Silverman<![CDATA[Uncomfortable vs. illegal: Workplace sexual orientation bias]]>https://www.costellosilverman.com/?p=549692026-04-03T18:17:07Z2026-03-27T14:42:33ZYour New Jersey coworkers mock your sexual orientation. Is this illegal discrimination or just offensive behavior? Knowing the difference tells you whether to document incidents for Human Resources (HR) or contact an employment attorney. Delaying action can destroy the evidence you need to prove workplace harassment.
What federal and New Jersey law actually prohibits
Federal law under Title VII bans sexual orientation discrimination at work. The Supreme Court confirmed this in 2020. New Jersey's Law Against Discrimination (NJLAD) offers even stronger protections against discrimination in all employment decisions. Employers must address hostile work environments, not just firings.
What counts as illegal discrimination under the law
A single comment about your personal life may upset you. But it likely does not count as illegal discrimination. Patterns of behavior that create a hostile workplace do break the law. You can sue for discrimination if your company:
Denies you promotions while promoting less qualified straight coworkers
Treats you differently than other workers
Makes repeated negative comments about your sexual orientation
Leaves you out of meetings or chances others get
Punishes you for reporting unfair treatment
Failing to write these incidents down makes proving a pattern harder. Without records showing dates, witnesses and what happened, your employer may claim isolated incidents do not count as illegal harassment.
When documentation alone is not enough
Reporting to HR does not guarantee action and employers often retaliate against workers who complain. Employment law attorneys can review whether your situation meets the legal standard and whether your employer violated your rights. The deadline to file a claim closes faster than you think, so staying silent should never be an option.]]>On Behalf of Costello & Silverman<![CDATA[NJ protections for non-binary and gender non-conforming workers]]>https://www.costellosilverman.com/?p=549612026-01-27T16:49:49Z2026-01-27T16:49:49ZNon-binary and gender non-conforming employees in New Jersey are protected by some of the strongest workplace anti-discrimination laws in the country. These protections recognize that employees should be judged on their performance and qualifications, not on how they express or identify their gender.
At the center of these protections is the New Jersey Law Against Discrimination. This statute explicitly prohibits discrimination and harassment based on gender identity or gender expression. These terms are defined broadly. Gender identity refers to a person’s internal sense of gender, which may be non-binary, gender fluid or otherwise not aligned with traditional categories. Gender expression refers to how a person presents themselves, including appearance, mannerisms, clothing and/or behavior. An employee does not need to undergo medical treatment or legal name changes to be protected.
What do these protections mean, practically speaking?
Under New Jersey law, employers generally may not (lawfully) make employment decisions based on gender identity or expression. This includes hiring, firing, promotions, pay, job assignments, scheduling and access to benefits. Denying opportunities because an employee does not conform to traditional gender expectations is unlawful. Misgendering, refusing to use an employee’s correct name or pronouns or enforcing dress codes that single out gender non-conforming employees may also contribute to a hostile work environment.Repeated jokes, comments, invasive questions or ridicule related to gender identity or expression can violate the law if they create an intimidating or offensive workplace. Employers have a duty to take complaints seriously and address misconduct promptly. Ignoring harassment or retaliating against someone who reports it can lead to additional legal liability.Bathroom access is also legally protected. Employers in New Jersey are generally required to allow employees to use restrooms and facilities consistent with their gender identity. Policies that force non-binary or gender non-conforming employees into uncomfortable or stigmatizing situations may violate the law.For non-binary and gender non-conforming employees, these protections are not abstract principles. They are enforceable rights. When someone’s rights may have been violated, a skilled legal team can help workers assess whether conduct crosses legal lines, pursue internal or formal complaints and take action when discrimination or harassment occurs. New Jersey law is clear that gender diversity belongs in the workplace, and employees have the right to be treated with dignity and respect accordingly. ]]>On Behalf of Costello & Silverman<![CDATA[4 signs of gender or sexual orientation discrimination at work]]>https://www.costellosilverman.com/?p=549532025-12-12T13:11:33Z2025-12-12T13:11:33Z1. The personality performance review
This is a classic tool for gender discrimination. A male manager might receive praise for being assertive and a natural leader while a female employee exhibiting the exact same behavior is written up for being aggressive or bossy. Similarly, LGBTQ+ employees are often told to tone it down or critiqued for not fitting a specific corporate image that is coded as straight or cisgender. These subjective critiques often mask underlying bias.
2. The boys’ club mentality
Exclusion is a powerful form of discrimination. If important decisions happen during golf outings or dinners where only men or straight employees are invited, your career is being stifled by your identity. When access to mentorship and networking is segregated by gender or orientation, it creates an uneven playing field. You miss out on opportunities simply because you were not in the room.
3. Unequal enforcement of policies
Check the employee handbook against reality. Does your employer strictly enforce dress codes for women but let men slide? Do they question your request for parental leave or time off to care for a same-sex partner while granting the same requests automatically for straight colleagues? When managers weaponize rules against only specific groups of people, it is a clear sign of workplace discrimination. Inconsistent rules are often evidence of bias.
4. The sudden glass ceiling
You were the top performer until you came out. Perhaps you were on the fast track to management until you announced your pregnancy. If your upward mobility suddenly halts once your employer learns more about your gender or personal life, and less qualified candidates start passing you by, the reason is likely bias rather than performance. A stalled career can be a quantifiable damage.
Protect your future career
Discrimination is not something you have to endure to keep a paycheck. The New Jersey Division on Civil Rights enforces laws that are designed to protect you from this exact type of mistreatment.
If these signs look familiar, start documenting everything immediately. Save emails, note dates and times of incidents and keep a record of how your peers are treated compared to you. Standing up for your rights can help secure a fairer workplace.
]]>On Behalf of Costello & Silverman<![CDATA[3 ways for workplace whistleblowers to protect their interests]]>https://www.costellosilverman.com/?p=549212025-10-04T20:16:53Z2025-10-04T20:16:53Z1. Consulting with an attorney
Discussing workplace safety concerns or possible regulatory violations with a professional can help workers determine if the circumstances truly warrant whistleblowing. An attorney can also provide a worker with insight into the most effective ways to protect themselves throughout the whistle-blowing process and can advocate for the employee throughout the process.
2. Gathering adequate documentation
Whistleblowers need protection from employer retaliation. Companies might demote, transfer or even fire workers who draw attention to unsafe working conditions and illegal activity. In some cases, there may even be internal cover-ups that attempt to eliminate evidence of prior safety issues and regulatory violations. Collecting evidence of the issue that forces a worker to act as a whistleblower can help them prove that their conduct made them a whistleblower and, therefore, that their employer engaged in unlawful retaliation.
3. Choosing the right method
Those intending to act as whistleblowers often need to keep their cards close to the chest until they finally take action. There are multiple forms of whistleblowing, each of which has benefits and drawbacks. An attorney may be able to help a prospective whistleblower choose the right option. Reporting the matter internally could be beneficial in cases where leadership may not be aware of what happens on job sites or in certain departments. Involving regulatory authorities may be necessary when the company has consistently made the same mistakes for years.
If the situation involves fraudulent billing, then the whistleblower might even need to consider filing a lawsuit on behalf of the government. The right whistleblowing method can increase the chances of the company taking the matter seriously and reduce the risk for the professional.
Learning more about how state and federal employment statutes protect whistleblowers can be critical for those concerned about certain issues at their place of employment. Whistleblowers can benefit from protection under the law if they follow the right steps and know how to effectively assert themselves.]]>On Behalf of Costello & Silverman<![CDATA[How do employees prove they experienced sexual harassment?]]>https://www.costellosilverman.com/?p=548772025-08-14T02:28:41Z2025-08-14T02:28:41ZWith recordings
New Jersey is a one-party consent state. That means that an individual enduring a hostile work environment or quid pro harassment could potentially record in-person conversations or phone calls as long as they are a party to the conversation. Factors including the terms of an employment contract and the industry in which someone works, may influence whether this option is a viable one.
With a journal
When people cannot record what happens in the workplace, they can start establishing a written record of each incident. Details including who was present, where the situation occurred and when everything took place, as well as exactly what other people said or did, can help establish a pattern of inappropriate behavior in the workplace.
With witnesses
Sexual harassment often occurs behind closed doors, but not always. Many times, other people may overhear or even interrupt quid pro quo harassment in progress. Harassment may involve multiple people, some of whom recognize that what they’re doing is inappropriate. Witnesses can help corroborate claims that misconduct occurred regularly in the workplace.
Employees who want to document sexual harassment to take action may need to discuss their options and the best forms of evidence given their circumstances with a legal professional. Collecting enough evidence and following the right procedures can strengthen an individual's ability to pursue a sexual harassment lawsuit.]]>On Behalf of Costello & Silverman<![CDATA[Is it legal for AI to decide who gets hired or fired?]]>https://www.costellosilverman.com/?p=547212025-06-03T12:31:17Z2025-06-03T12:31:17ZYou never spoke to a manager, never got a call and never even had the chance to explain yourself. What you got instead was a rejection, a silence or a sudden termination with no explanation at all. Now you are left wondering whether a human even saw your résumé or made the final call.
If any of that sounds familiar, you are not imagining it. Employers are turning to artificial intelligence to make decisions about who a company should hire or fire. And while using AI itself is not illegal, using it to quietly sideline people based on protected traits absolutely is, and that is exactly where the law still applies.
AI already shapes the hiring and firing process
Employers now rely on AI to scan resumes, sort applications and even analyze your facial expressions or vocal tone during a video interview, all without telling you that a machine, not a person, is doing the screening. Researchers behind a 2023 study showed how easily bias creeps in when developers train these systems on flawed or limited data. That means candidates who don’t fit a certain pattern — whether because of race, gender, age or disability — may never even get through the door, no matter how qualified they are. So, while companies may claim AI brings efficiency and objectivity, the reality is that it often mirrors the same discriminatory patterns that already exist in the workplace.
The law doesn’t fully keep up with the tech
The law still protects you when an employer makes decisions about hiring or firing, regardless of whether a human or an algorithm delivers the result. But as the American Bar Association notes, lawmakers didn’t design the laws with AI in mind, which leaves dangerous gaps in enforcement and accountability. Even if a company blames the algorithm, it’s still responsible for the outcome because employers choose which tools to use and how to apply them. And if those tools consistently produce biased results, that’s not a tech failure. That’s a civil rights violation.
What you can do if AI cost you a fair shot
If something felt off — maybe the process moved too quickly or you got eliminated without explanation — start documenting everything: the job posting, your application, the messages you received and any unusual steps in the process. You don’t need to understand how the algorithm works or prove it’s discriminatory on a technical level. You only need to show that the result treated you differently because of a protected trait like your race, age or gender. You can file a complaint through the New Jersey Division on Civil Rights or work with someone who knows how to challenge discrimination, even when it hides behind a computer screen.
Where does that leave you?
If you get passed over or pushed out and the whole thing feels off, don’t let a company convince you it’s just how things work now. When employers use technology to quietly discriminate, that’s not innovation — that’s evasion. You still have rights under the law, and if AI played a role in a decision that cost you a job or your livelihood, you have every right to push back, ask questions and make sure someone actually answers.]]>On Behalf of Costello & Silverman<![CDATA[3 common ways police officers violate people’s civil rights]]>https://www.costellosilverman.com/?p=546912025-04-13T16:34:33Z2025-04-13T16:34:33Z1. The use of excessive force
Police officers sometimes need to become physically aggressive with people to perform their jobs. They may need to restrain someone to take them into state custody or to prevent a crime from occurring.
Police officers typically need to use the lowest amount of force possible given the degree of risk involved in the situation. Some police officers are overly aggressive and can cause significant injuries to the people they detain.
2. Miranda violations
People taken into state custody have certain legal protections. The Miranda warning helps inform individuals of their legal rights so that they can make use of them during an interaction with law enforcement.
Police officers need to tell people about their right to remain silent and their right to legal representation before questioning them while they are in state custody. The failure to provide the Miranda warning and to respond appropriately when individuals invoke their rights could constitute a serious violation of an individual’s civil rights.
3. Inappropriate searches
Police officers sometimes need to search an individual's person, a vehicle or a private residence to find evidence of a crime or identify a suspect. There are numerous rules that restrict police searches.
Typically, officers need warrants if they want to impound vehicles or conduct searches of private property. Otherwise, they need probable cause to justify their decision to search. In some cases, they can search with the consent of the person subject to the search. If police officers conduct inappropriate searches, their actions can compromise how the state uses the evidence that they gather.
Learning more about how police officers may overstep their legal authority can help people better respond to a violation of their civil rights. Misconduct by police officers can influence the best criminal defense strategy or may provide the basis for civil litigation in some cases.]]>