Normal commuting time — generally not paid

Travel during the workday — must usually be paid

Overnight or out-of-town travel — may require payment for some or all travel time

On-call or standby travel — case-specific but may trigger wage obligations

1. Travel Between Job Sites During the Day

2. Travel to a Special Assignment or Offsite Meeting

Travel during regular work hours — paid, even if on a non-work day (like a weekend)

Travel outside regular hours — generally unpaid unless you’re performing work during the travel (e.g., checking emails or making calls)

Failing to pay for travel between client sites

Assuming driving time is never compensable

Misclassifying employees as exempt to avoid paying travel time

Assuming remote work changes travel pay rules

The <a href="https://www.nj.gov/labor/">New Jersey Department of Labor and Workforce Development (NJDOL)</a>

The <a href="https://www.dol.gov/">U.S. Department of Labor</a>

Contact Us for Legal Advice and a Free Consultation

When Do NJ Employers Legally Have to Pay Travel Time? Everything You Need to Know

Gains new certifications or technical skills

Qualifies for leadership or higher-paying roles

Has access to cross-functional opportunities

What Does Gender Discrimination Look Like in Training?

Unequal Invitations: Women are not invited to technical or leadership training sessions, while men are routinely selected.

Assumptions About Abilities: Men are offered advanced technical training because they’re “expected” to handle machinery, while other genders are steered toward administrative or soft-skill courses. This kind of bias can also result in workers being <a href="/blog/is-being-overlooked-for-high-profile-projects-gender-discrimination-in-nj">overlooked for high-profile projects</a> — limiting visibility, advancement, and long-term career growth.

Scheduling Bias: Training sessions are scheduled at times that exclude employees with caregiving responsibilities — often women.

Retaliation for Requesting Training: Employees who ask to attend programs are told “it’s not for someone in your position,” even if male colleagues with similar roles participate.

Hostile Environments During Training: Women attending training programs are subjected to inappropriate comments or harassment.

1. New Jersey Law Against Discrimination (NJLAD)

Design programs that exclude certain genders

Retaliate against employees who complain about unequal training

Recognizing Gender Bias in Training Programs

Who Gets Selected? Are men or women consistently chosen for advanced programs, while the other group is left out?

Is Training Announced Fairly? Do you learn about programs at the same time as your colleagues, or is the information shared selectively?

Are There Stereotypes at Play? Are certain courses labeled “better suited for men” or “not necessary for women”?

Do You Feel Welcome? Are training sessions inclusive, or do they involve hostile jokes, inappropriate comments, or lack of support for diverse participants? <a href="/blog/can-dress-codes-be-gender-discrimination-in-new-jersey">Do dress codes unfairly target or police certain genders</a>?&nbsp;

Examples of Gender Discrimination in NJ Training Programs

A New Jersey manufacturing company offers hands-on training in advanced machine operations exclusively to male interns, assuming female interns wouldn’t be interested or capable of handling heavy equipment. This kind of internship discrimination limits opportunities and may also violate state anti-discrimination laws.

In a corporate setting, a female employee is repeatedly denied access to leadership seminars while male colleagues in the same role attend — leading to their promotion over her.

A tech company holds mandatory late-night training sessions without offering remote options — a policy that effectively sidelines female employees who are primary caregivers. Even though flexible or remote alternatives are possible, the lack of accommodation reflects <a href="/blog/gender-bias-and-remote-work-are-women-at-a-disadvantage-in-nj">gender bias in how the company approaches remote work</a> and professional development.

Keep track of training schedules, invitations, and communications.

Note who was selected for training and why you were denied.

Save emails or comments that suggest bias.

Assess whether you have a claim under NJLAD or federal law

Help negotiate fair treatment or compensation

File a formal complaint with the <a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">NJ Division on Civil Rights (DCR)</a> or the <a href="https://www.eeoc.gov/">EEOC</a>

Gender Discrimination Is About Equal Opportunity

Gender Discrimination in NJ Job Training Programs: Legal Perspectives

Unwanted comments about your body or appearance

Negative remarks about taking time off or “milking” leave

Spreading rumors about your work ethic because you’re expecting

Assigning less meaningful tasks after disclosure

Exclusion from meetings or projects after announcing your pregnancy

Repeated questioning about whether you plan to return after leave

Pressuring you not to take maternity or disability leave

Legal Protections for Pregnant Workers in New Jersey

Harassment that creates a hostile work environment

Failure to accommodate pregnancy-related needs

Unequal treatment compared to non-pregnant coworkers

Retaliation for requesting leave or accommodations

2. New Jersey Pregnant Workers Fairness Act

<a href="https://www.ada.gov/">Americans with Disabilities Act</a> (if pregnancy complications rise to the level of a disability)

<a href="https://www.dol.gov/agencies/whd/fmla">Family and Medical Leave Act (FMLA)</a> for eligible workers needing leave

Examples of Pregnancy Harassment in the Workplace

Case 1: A pregnant warehouse employee requests light-duty work to avoid lifting heavy boxes due to complications. Her manager denies the request, dismissing it as her “playing the pregnancy card,” and begins telling coworkers she’s slacking. This is a clear failure to meet <a href="/blog/employer-responsibilities-during-pregnancy-complications-in-nj">employer responsibilities during pregnancy complications</a>.

Case 2: A teacher informs her school district of her due date. In response, her principal starts assigning her extra administrative tasks, claiming she needs to “make up for what she’ll miss later.” When she returns, she finds her classroom reassigned, and her teaching schedule reduced — effectively <a href="/blog/can-you-be-demoted-after-returning-from-maternity-leave-in-nj">demoted after returning from maternity leave</a>.

Case 3: <a href="/blog/returning-to-work-after-maternity-leave">A woman returning to work after maternity leave</a> is repeatedly asked by her male coworkers if her “hormones are affecting her work.” When she raises the issue with HR, the department fails to investigate. At her next performance review, she's criticized for having a “poor attitude” and being “too sensitive,” despite no prior concerns.

What to Do If You’re Being Harassed at Work While Pregnant

Keep a record of every incident, including dates, times, who was involved, and what was said or done.

Save emails, texts, or Slack messages that show inappropriate behavior or a pattern of exclusion.

Keep notes of any performance reviews or assignments that changed after you disclosed your pregnancy.

Compensatory damages for emotional distress, lost wages, or career harm

Back pay or reinstatement if you were fired, demoted, or forced to quit

Punitive damages if the employer acted with willful disregard of your rights

Legal fees and costs if your case is successful

Policy changes within the employer to prevent future harassment

Pregnancy-Related Harassment: What Constitutes Illegal Conduct in NJ?

What Is Racial Bias in Performance Evaluations?

A Black employee consistently receives lower “teamwork” scores despite strong collaboration, while white peers with similar behavior are rated higher.

A Latino worker is told their “communication style” is too aggressive, even when they speak up no more than others.

An Asian employee is praised for being “quiet and efficient,” but overlooked for leadership opportunities because they are not seen as “assertive.”

A manager uses vague criticisms like “not a culture fit” to justify low ratings, with no objective examples.

Decision-making during layoffs or restructuring

Eligibility for future roles, even outside the company

Legal Protections Under the New Jersey Law Against Discrimination (NJLAD)

You are part of a protected group (based on race or national origin).

You received an unjustified negative evaluation.

Employees outside your protected group were treated more favorably.

There is a connection between your race and the negative treatment.

Red Flags That May Indicate Racial Bias in Employee Evaluations

What Should You Do if You Suspect Racial Bias in Your Evaluation?

Evaluations Should Be Tools for Growth — Not Discrimination

Addressing Racial Bias in Employee Evaluations: NJ Legal Perspectives

What Is a Disability-Related Medical Exam?

Blood tests or drug screenings (in some contexts)

Functional capacity evaluations (used to assess work restrictions)

Requests for a doctor's note detailing diagnosis or treatment plan

1. The Americans with Disabilities Act (ADA)

Pre-employment: Employers can’t require a medical exam before making a conditional job offer.

Post-offer, pre-employment: Exams are allowed only if required of all candidates for the same position.

During employment: Medical exams are only permitted if they are job-related and consistent with business necessity.

2. The New Jersey Law Against Discrimination (NJLAD)

When Can an Employer Require a Medical Exam?

The exam is required of all applicants in the same job category.

The exam is used to determine fitness for the job, not to screen out people with disabilities arbitrarily.

Reasonably tailored to evaluate the concern

An employee shows signs of struggling to perform job tasks safely.

An employee requests accommodation, and the employer needs documentation to support it.

A return-to-work evaluation is needed after extended medical leave.

Demand detailed medical records without cause

Require exams as a form of harassment or punishment

Use the results of an exam to justify unpaid leave, demotion, or termination: especially <a href="/blog/disability-discrimination-during-layoffs">during layoffs, where disability discrimination may be at play</a>

Medical Exams and Reasonable Accommodations

Be limited to information relevant to the accommodation

Not pry into unrelated conditions or treatment

Be kept confidential and stored separately from personnel files

Your Medical Information Must Be Kept Confidential

Be stored separately from personnel records

Be accessible only to HR or supervisors on a need-to-know basis

Not be shared with coworkers, clients, or other staff

Legal Options if Your Rights Are Violated

File a Complaint: You can file a charge with the <a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">New Jersey Division on Civil Rights (DCR)</a> or the <a href="https://www.eeoc.gov/">Equal Employment Opportunity Commission (EEOC)</a>.

Speak with an Attorney: Legal guidance is essential when navigating claims involving disability rights and medical privacy.

File a Lawsuit: You may be entitled to damages for:

Seek Internal Resolution: In some cases, going through HR can help resolve the issue before escalating to litigation.

What NJ Employees Should Know About Disability-Related Medical Exams

Why Whistleblower Protections Matter in Government Contracting

Common Whistleblower Issues in Government Contracting

New Jersey’s Conscientious Employee Protection Act (CEPA)

Discloses or threatens to disclose to a supervisor or public body an activity, policy, or practice they reasonably believe is illegal, fraudulent, or against public policy.

Provides information to a public body conducting an investigation or inquiry into such activity.

Objects to or refuses to participate in an activity, policy, or practice that is:

Examples of Protected Whistleblower Activity in Government Contracting

Reporting a supervisor who instructs staff to falsify billing records on a state-funded construction project.

Refusing to approve faulty or non-compliant materials in a public infrastructure job.

Alerting an agency like the <a href="https://www.nj.gov/labor/">New Jersey Department of Labor</a> to workplace safety violations on a public site.

Whistleblowing in healthcare may include reporting unsafe patient care, falsified medical records, Medicare or Medicaid fraud, or retaliation against staff who raise patient safety concerns.

Participating in a state audit and providing truthful information about financial misconduct.

Being fired or laid off without valid cause

Reduction in responsibilities or <a href="/blog/can-you-be-demoted-for-reporting-illegal-activity-at-work">demotion after reporting illegal activity</a>

Reassignment to undesirable tasks or locations

Loss of access to training, promotions, or overtime

Exclusion from meetings, emails, or decision-making

Hostile treatment from supervisors or coworkers

Damaging performance reviews after protected activity

Timelines of when you reported vs. when retaliation began

Additional Protections for Federal Contractors

<a href="https://www.justice.gov/civil/false-claims-act">False Claims Act (FCA)</a>: Protects those who report fraudulent billing to the federal government.

<a href="https://www.congress.gov/bill/112th-congress/senate-bill/743">Whistleblower Protection Enhancement Act (WPEA)</a>: Applies to federal employees, including some contractors.

<a href="https://www.acquisition.gov/far/subpart-3.9">Defense Contractor Whistleblower Protections</a>: Specific laws apply if you’re working with the Department of Defense or military-related contracts.

What If Your CEPA Claim Doesn’t Succeed?

NJ <a href="https://www.nj.gov/lps/dcr/downloads/NJ-Law-Against-Discrimination-Most-Updated.pdf">Law Against Discrimination (NJLAD)</a>, if discrimination is part of the picture

Wrongful termination in violation of public policy

NJ Whistleblower Protections in Government Contracting: What You Need to Know

You’re subjected to harassment or offensive behavior,

And it’s based on a legally protected category — such as race, gender, age, religion, disability, sexual orientation, or another characteristic.

Racial slurs, offensive jokes, or degrading stereotypes

Sexual comments, inappropriate texts, or unwanted advances

Ongoing bullying based on your gender, religion, race, or other protected trait

<a href="/blog/when-your-coworker-s-political-talk-crosses-the-line-in-nj">Coworker’s political talk that becomes hostile</a>, targeted, or makes the workplace feel unsafe

Managers who ignore, dismiss, or even encourage offensive behavior

Being fired shortly after filing a complaint

Suddenly receiving poor performance reviews

Being excluded from meetings or important communications

Facing increased scrutiny or micromanagement

Getting transferred to a less desirable shift or location

Legal Protections for NJ Workers Against Retaliation

Participate in an internal or external investigation

Refuse to participate in discriminatory behavior

2. Conscientious Employee Protection Act (CEPA)

Disclose or threaten to disclose violations of law

Object to or refuse to participate in activities they reasonably believe to be illegal or against public policy

Emails or texts showing management's reaction to your complaint

Timing of negative actions following your report

Performance reviews that were positive before you spoke up

Steps to Take if You’re Facing Retaliation

Retaliation vs. "Legitimate Business Action"

Realistic Challenges in Retaliation Cases

Employers rarely admit to retaliation outright.

Proof may rely on circumstantial evidence.

Co-workers may be afraid to support your case.

Companies may try to bury evidence or shift blame.

Retaliation After Reporting a Hostile Work Environment: NJ Employees' Options

A settlement agreement after a legal complaint

An employment contract at the time of hire

Allegations of workplace harassment or misconduct

What This Means for Sexual Harassment Cases

You can’t be forced into silence about sexual harassment at work.

Any agreement that tries to silence you may not be enforceable.

You still have the right to speak publicly, tell your story, or report the behavior.

What’s Still Allowed in Confidentiality Agreements?

Protecting trade secrets or company strategies

Keeping settlement amounts confidential (but not the harassment itself)

Preventing the employee from making false or defamatory statements

Restricting disclosure of personal information of other employees

Common Situations in Severance or Settlement Agreements

1. You're Offered Severance After Reporting Harassment

2. You're Asked to Sign a Settlement with a Non-Disclosure Clause

Fire or demote you for reporting harassment

Cut off severance because you refused a gag order

Threaten you for speaking publicly about your experience

Deny you benefits because you rejected a confidentiality clause

Tips for Employees Negotiating Severance or Settlements

Bars you from “discussing employment issues”

Employment Law Insights & Resources

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