Employment laws are changing
Like any other company, community associations that are employers are required to be aware of and adhere to the countless employment laws and regulations governing the employer/employee relationship. Fundamental employment law concepts define who is an employee as opposed to an independent contractor and what rights attach to the relationship as between worker and employer. Is the worker an agent of the association? What authority if any does the worker have to make decisions or representations on behalf of the board of directors of the association to which the association can become bound? Laws regulating recruiting, hiring, firing, sick leave, holidays, overtime pay, benefits, maternity leave, worker’s comp, sexual assault, religious freedom, sexual orientation, harassment, age discrimination, and other aspects of employment law may all apply to community associations like Condo’s, HOAs, and co-ops just like any other business entity. Not being aware of the association’s duties and obligations pertaining to employment law, can leave associations vulnerable to being sued.
Radom & Wetter understands NJ employment law, including both State and federal regulations imposed by statutes, by agencies such as the NJ Division of Civil Rights or the U.S. Equal Employment Opportunity Commission (EEOC) and by case law.
Employees are protected from illegal discrimination based upon:
- Race, color, or national origin
- Religion
- Sex, gender identity, or sexual orientation
- Pregnancy status
- Disability
- Age or genetic information
- Citizenship
- Marital status or number of children.
Additionally, there are many rules relating to minimum wages, overtime wages, and child labor. Other aspects of New Jersey employment law relate to benefits, including health care, paydays, pay statements, wage deductions, disability benefits, sick days, and family leave insurance.
Let Radom & Wetter help your HOA/POA navigate the nuances of federal and New Jersey employment law. Our team can help establish language and procedures for your community association or business that comply with both state and federal law.
Contact Radom & Wetter
If you require professional legal advice and representation regarding Community Association (HOA) issues anywhere in New Jersey, make sure your legal rights are protected by seeking the legal advice of an experienced Community Association law firm. Contact us at 908-707-1500 or use our Contact Form.