Traub Law Traub Law 2025-04-30T06:39:11Z https://www.njemploymentattorney.com/feed/atom/ WordPress /wp-content/uploads/sites/1204724/2021/03/cropped-site-icon-new-1-32x32.png On Behalf of Traub Law <![CDATA[Executive compensation: How to get it right in 2022]]> https://www.njemploymentattorney.com/?p=47831 2022-03-04T20:54:28Z 2022-02-16T21:33:16Z How to structure executive compensation Executive compensation has to be structured so that the executive will respond to the right signals and take the company in the right direction. There are several ways to accomplish this, but they all come back to ensure that the compensation is tied to performance. The compensation should be variable and based on key metrics and goals, which can be short term, long term or both. Either way, the alignment between the executive's compensation and the company's health is key. Many companies make the mistake of thinking it is the size of the compensation package that matters. What is truly important is incentivizing a fruitful relationship between the company, the CEO and the board of directors. When they all work together and make a long-term commitment to the company's trajectory, the relationship will yield great benefits. Otherwise, breakdowns can lead to mistakes or poor strategy as well as executive turnover, which could be just as damaging. This is not a simple process, and there is no one best compensation structure that will work for all companies. But with the right care and attention, the two sides can create a package that works for everyone and puts the company's well-being at the forefront of all of the incentives for the stakeholders as well as the shareholders and the board. That is the first step to a beneficial relationship.]]> On Behalf of Traub Law <![CDATA[Who is protected against discrimination?]]> https://www.njemploymentattorney.com/?p=47826 2022-03-04T20:54:39Z 2022-02-08T12:05:15Z Disability Employers are prohibited from discriminating against employees with disabilities. This includes firing someone because they have a disability, refusing to hire someone because of a disability or failing to provide reasonable accommodation for employees with disabilities.

Gender identity or expression

New Jersey law protects employees from discrimination based on their gender identity or expression. This includes harassment and failure to provide reasonable accommodation.

Sexual orientation

Today, many workplaces are more diverse and inclusive, but there are still some companies that refuse to hire or will fire employees based on their sexual orientation. An employee should learn about their rights if they suspect that they were terminated because they are gay or lesbian.

Pregnancy

Many employers are required to provide reasonable accommodations for pregnant employees, but they sometimes fail to do so. For example, an employer may wrongfully terminate a pregnant employee because the job requires them to lift heavy objects or work in high-risk environments.

Religion

Under the New Jersey Law Against Discrimination, it's illegal for employers to discriminate against employees based on their religion. Whether they're wrongful terminating someone who refuses to work on a particular day because it's their religious belief or denying them holidays off for religious reasons, employers are not allowed to discriminate against employees based on their religious beliefs.

National origin

In today's diverse and multi-cultural workplaces, wrongful termination lawsuits can arise when an employee is being discriminated against due to their national origin. This could be anything from terminating someone because they are not a U.S. citizen to refusing to hire someone because of their accent. If you've been the victim of wrongful termination or any other form of discrimination, it's important to understand the steps you can take to protect your rights. You may be able to file a lawsuit against your employer and recover damages for the harm you've suffered.]]> On Behalf of Traub Law <![CDATA[NJ Transit managers win $3.2 million discrimination claim]]> https://www.njemploymentattorney.com/?p=47821 2022-03-04T20:54:48Z 2022-01-27T16:39:14Z Original NJ Transit discrimination lawsuit Between 2014 and 2016, NY Transit litigated another workplace discrimination and harassment lawsuit in which a group of employees sued the state’s transportation arm because a supervisor:
  • Used the n-word
  • Once placed a makeshift noose around a worker’s neck and said, “this is how things were handled in the South”
  • Paid white employees with the same qualifications more money for doing the same jobs as their Black counterparts
In the end, the employees won a $3.65 million award.

Recent NJ Transit retaliation lawsuit

Two people associated with the original lawsuit — Pia Wilson and Jose Rivera — continued to work at NJ Transit and experienced retaliation as a result. Notably, Rivera wasn’t a plaintiff in the first claim; instead, he was forced to give a deposition and apparently didn’t tow the company line when doing so. According to accounts of the retaliation case, authorities denied Rivera a promotion and stripped him of responsibilities. He also discovered he was paid less than his white colleagues on the same level. Concurrently, NJ Transit transferred Wilson to another position that required her to work longer hours for less pay. Wilson and Rivera filed discrimination retaliation claims, and ultimately, the transit authority shelled out another $3.2 million. In response to questions about the settlements, NJ Transit claims to be implementing new harassment and discrimination training that will explore many subjects, including discrimination prevention, retaliation avoidance, unconscious bias, and creating a positive work environment.]]> On Behalf of Traub Law <![CDATA[The pros and cons of a non-compete contract]]> https://www.njemploymentattorney.com/?p=47813 2022-03-04T20:54:55Z 2022-01-14T08:09:31Z Growing trend with businesses More employers ask employees to sign non-compete agreements in today's job market. The contracts can come with a raise, promotion or even a severance. Even non-corporate jobs are using non-compete contracts now, including camp counselors and yoga instructors. There are pros and cons to using non-compete contracts. Data has shown that the agreements limit job mobility, discourage venture capital investments and accelerate talent flight.

Takeaways of a non-compete contract

Employee non-compete contract stop an employer's staff from working for a competitor. Depending on the details of the contract, there's a specified geographical area or a certain amount of time after leaving the company. A non-solicitation agreement stops an employee from poaching other employees, customers or contracts after a firing. A confidentiality agreement stops employees from spreading private information about their previous company. Depending on the language of the contract, violators could face litigation.

What courts look for

Each state governs non-compete contracts their own way. The three aspects a court looks at are traditional non-competes, non-solicitation agreements and confidentiality agreements. A non-compete contract may go too far with restrictions. A court won't approve anything they think is unreasonable, but every sector is different. A yoga instructor may wait three to six months before getting a new job, but a key executive may wait two to five years. Banning work for 10 miles around a hair salon may be equal to banning three states for a sales manager. A court will also check if the non-compete contract stifles competition or deprives the employee of making a living. If there's a non-compete contract paired with a job offer, ask for a copy instead of accepting it right away. There are pros and cons to non-compete contracts. The court takes the details of the contract into account when honoring provisions. An employee can negotiate a non-compete contract with an employer.]]> On Behalf of Traub Law <![CDATA[What counts as retaliation and when is an employer liable?]]> https://www.njemploymentattorney.com/?p=47809 2022-03-04T20:55:06Z 2022-01-12T13:47:16Z When retaliation happens Retaliation can happen in many different ways, but they all involve a negative consequence for the employee after they had asserted their rights somehow. For example, it would be illegal for an employer to punish the employee in some way because they:
  • Filed a complaint with the Equal Employment Opportunity Commission (EEOC) or the Occupational Safety and Health Administration (OSHA)
  • Informed the employer about harassment or discrimination in the workplace
  • Requested family or medical leave when they deserved it
  • Refused to follow discriminatory orders
  • Resisted unwelcome sexual advances
  • Reported an illegal activity in the company, also known as whistleblowing.
When an employer retaliates against the employee for any of those reasons, the employee can file a complaint with the EEOC or OSHA and then file a lawsuit against them in court to recover any damages they may have suffered.

Actions that constitute retaliation

When speaking of retaliation, most people think of termination, but much more acts constitute this practice. Retaliation is punishing the employee for asserting their rights. This means that any of the following actions are considered retaliatory acts:
  • Harassing
  • Lowering salary
  • Reducing work hours
  • Reassigning duties
  • Transferring the employee to a less desirable position
  • Engaging in physical abuse
  • Threatening to make reports to the authorities
  • Spreading false rumors
  • Making the person’s work more difficult
An employee can get compensation in court for any of those unlawful acts. However, they must file a complaint or legal claim on time to get it, as there are time limits for these legal procedures.

The right of the employee

Whistleblowers and people who assert their rights don’t deserve to face punishment for it. Because of this, victims can ask their employer for damages if retaliation happens.  This is their right under the law, and they can fight for these damages in court.]]> On Behalf of Traub Law <![CDATA[Tips to a successful compensation package negotiation]]> https://www.njemploymentattorney.com/?p=47788 2022-03-04T20:55:21Z 2021-12-30T20:37:52Z executive compensation agreement. You don't have to be a master negotiator to pull this off, either. Some people think negotiation skills are something you're either born with - or not. But by learning some simple techniques and gaining proficiency at them through enough effective practice sessions, you can make it a much less painful process for everybody involved. Still, this is a skill that a surprising number of professionals lack. Some worry about seeming greedy if they ask for too much, but that's how people end up receiving subpar compensation.

Simple yet effective negotiation tricks

It's key to negotiate using reasonable points that are supported by confirmable facts that you can point to. You should also be clear with what you want. Whenever possible, try to keep HR out of the picture. You won't always be able to do this, but if it's an option to work directly with your boss, it's much easier to discuss things practically. It's also important to decide what your bottom line is. Setting an absolute minimum before walking into the conversation helps you to hold strong, and you may then see where there are other opportunities for compromise. In general, an employer fussing over innocuous details in the negotiation is a cause for concern. This may be an indicator of what life will be like working for this company, so you might see the negotiation process as an audition for your potential employer. Negotiations are rarely easy, but you can make them much less stressful by learning a few basic skills. This is the secret to how many professionals talked their way into some much-appreciated extra cushion for their compensation package.]]> On Behalf of Traub Law <![CDATA[Could you be discriminated against for your LGBT gender identity?]]> https://www.njemploymentattorney.com/?p=47791 2022-03-04T20:55:34Z 2021-12-28T14:53:01Z The prevalence of workplace discrimination against transgender workers The rate of workplace discrimination against LGBT workers is startlingly high. In recent times, thanks to the hard work of sociologists and psychologists who study the issue, we have come to understand that gender is a social construct, not a biological reality. This means that many people are "assigned" genders in the social context that don't match how they feel on the inside. The human rights campaign estimates that over 2 million Americans have a gender identity that does not match the gender they were born with. Of those two million, a sizeable proportion participates in the US labor market. In addition to a number of other social and personal hurdles that transgender individuals must face, workplace discrimination based on their gender identity continues to hold them back.

How widespread is workplace discrimination against members of the LGBT community?

The SF LGBT Center conducted a survey of transgender workers about their experiences. One-half reported being either fired or denied employment based on their identity, and a full 75% reported being bullied or harassed on the job. The signs of workplace discrimination can be subtle and hard to detect. That's why we should all be working harder to identify and root out discrimination in any form, including the type directed at LGBT community members. Unfortunately, the battle to eliminate workplace discrimination against transgender workers will likely take more time to win. Working together, though, we can do our part to make the workplace a safer, more tolerant, more welcoming environment for our trans peers.]]> On Behalf of Traub Law <![CDATA[Sensing the subtle signs of workplace discrimination]]> https://www.njemploymentattorney.com/?p=47785 2022-03-04T20:55:41Z 2021-12-14T09:11:29Z What are some examples of subtle workplace discrimination? Nowadays, discrimination is often harder to parse out than in previous times, and may not be immediately obvious to victims' coworkers – or even to themselves in some cases. Many workers don't want to "make too much" of a situation and appear overly sensitive due to social anxiety or fear of professional repercussions. Examples of subtle workplace discrimination include a pattern of turning down applicants (or firing applicants) of a specific race, gender, or sexual orientation, the display of sexist or racist images or memes (even in joke form), or making seemingly innocent comments about a worker's appearance.

The power imbalance factor in workplace discrimination

Although this is not always the case, workplace discrimination and harassment often occur in the context of a power imbalance – i.e., the abuse of a position of authority by a boss or executive.

Eliminating subtle workplace discrimination

New Jersey law protects whistleblowers who expose discrimination. If you see something, even if you don't experience the discrimination yourself, blowing the whistle on these types of discrimination makes the world a better place for everyone. The law was designed to empower workers to stand up for their own rights as well as those of their fellow workers. Bringing these unfair business practices to the light of day is the best disinfectant.]]> On Behalf of Traub Law <![CDATA[Types of executive compensation]]> https://www.njemploymentattorney.com/?p=47779 2022-03-04T20:55:48Z 2021-11-30T09:26:29Z Executive salary and benefits Base pay is stated as annual salary, but it's typically paid monthly or bi-weekly like other salaried employees. The 2017 Tax Cuts and Jobs Act capped compensation for the CEO, CFO and next three highest-paid executives at $1 million, repealing a performance-based statute established in 1993. This $1 million cap applies to compensation made after termination and retirement. Executive payment packages include the same benefits as most salaried employees, such as sick days, medical insurance, life insurance and statutory benefits like workers' compensation. In addition, executives are often eligible to participate in special retirement plans that are more risk-laden.

Executive incentives

Annual incentives compensate executives for fulfilling the short-term strategy established in annual goals typically set by the board of directors. Annual objectives may include developing new projects, implementing new strategies, improving profit margins or expanding into a new market. These incentives are typically offered in a two-tier payment structure expressed as a proportion of the annual salary. Long-term incentives are often provided in the form of stock-based compensation.

Evaluating executive pay packages

Compensation committees typically structure executive pay packages around meeting retention and pay-for-performance objectives. Companies also offer executives perquisites, or perks, providing extra benefits designed to recognize the employee's value to the organization. Severance agreements are an effective recruitment tool providing executives with payments whether their termination is voluntary or involuntary.]]> On Behalf of Traub Law <![CDATA[The basics of non-compete agreements]]> https://www.njemploymentattorney.com/?p=47753 2022-03-04T20:55:54Z 2021-11-12T11:03:24Z What is a non-compete agreement? A non-compete agreement is a contract between an employer and employee in which the employee agrees not to enter into competition with his or her employer after leaving employment. This means that an employee cannot start a competing business or work for another employer who is in direct competition with his former company. In many cases, non-compete agreements are just about protecting valuable trade secrets. Non-competition agreements typically include confidentiality clauses that protect the company's intellectual property and other sensitive information during employment and after employment. Also, an employer will typically include non-solicitation clauses to prevent their employees from luring away customers or discouraging former clients from doing business with the company after they leave employment.

When are non-compete agreements not enforceable?

There are several situations where non-competes are non-enforceable. One of them is if the non-compete clause is too broad and it's unclear what exactly an employee can or cannot do. Another instance is if the employee did not sign the non-compete agreement (voluntarily). If the contract violates public interest, the employee in question can challenge it. For instance, non-compete agreements cannot prevent an employee from, say, reporting illegal activities to the proper authorities.

How long does a non-compete agreement last?

Typically, non-competes will last for six months or longer. However, non-competition agreements can range in length due to the fact that an employer may need to customize theirs to fit their unique needs. Just remember that non-competes should be reasonable and limited in scope. Non-competition agreements are not necessarily bad, but they can severely limit you if you aren't careful. It's always wise to make sure that the agreement is reasonable and understand when it is enforceable and non-enforceable.]]>