A New Jersey employee may find that there are situations in which an employer's policies seem to be designed to keep a tight hold on company activities and culture. However, there may be instances in which such policies or requests could be in violation of an individual's rights. It is helpful to be familiar with these rights so that inappropriate policies can be addressed from the beginning.
One of the most challenging situations is that relating to discussions of salary. Although an employer might not want employees to share this information, the prohibition of such discussion can interfere with the rights of workers to organize. The practice of implementing such policies is actually very common in spite of the law. Another serious issue is insisting that certain employees are exempt from the right to extra payment for overtime work. The jobs that fit the category of exemption from overtime are limited and narrow. Similarly, employers might ask non-exempt workers to do activities off the clock, including handling phone calls or email responsibilities while at home. However, this activity is considered to be work that is subject to payment.
Controlling employees' social media activity, especially complaints and discussions of wages, are prohibited because of the right to coordinate efforts to improve work conditions. Experts recommend that a first step in dealing with possible rights violations is to address a manager or boss with the concern.
There are several avenues for dealing with rights violations if a superior does not respond well to a complaint. In some cases, wrongful termination can follow a complaint to a boss, in which case legal advice might be needed for addressing such an unlawful action.