Salvador Simao

Salvador Simao

FordHarrison

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The DOL's Proposed Amendments Increase the Salary Threshold for the FLSA's White Collar Exemptions - Dramatically Expanding the...

Executive Summary: Yesterday, in a 295-page report, the U.S. Department of Labor ("DOL") issued its long-awaited proposed amendments to the Fair Labor Standards Act's ("FLSA") "white collar" exemption tests for executive,...more

7/1/2015 - DOL FLSA Non-Exempt Employees NPRM Wage and Hour White-Collar Exemptions

March Madness: Could Friendly Wagers Among Employees Put Your Organization At Risk?

The American Gaming Association estimates that Americans will wager $9 billion on the NCAA tournament, more than double the estimated $3.9 billion bet on the Super Bowl, bringing March Madness to a whole new level....more

3/20/2015 - Best Management Practices Employer Liability Issues March Madness Sports Sports Betting

Supreme Court Upholds DOL's Rulemaking Procedure in Reclassifying Mortgage Loan Officers

On March 9, 2015 the U.S. Supreme Court held that a federal agency is not required to engage in notice-and-comment rulemaking when it issues an interpretation of a regulation that is significantly different from its prior...more

3/12/2015 - Administrative Procedure Act FLSA Mortgage Loan Officer Notice and Comment Paralyzed Veterans Doctrine Perez v Mortage Bankers Assoc Rulemaking Process SCOTUS Statutory Interpretation Wage and Hour

New Jersey's "Ban the Box" Law Takes Effect March 1, 2015

The New Jersey Opportunity to Compete Act (the "Act"), known as the "Ban the Box" law, will go into effect on March 1, 2015. The Act prohibits employers from inquiring about an applicant's criminal background during the...more

2/23/2015 - Ban the Box Hiring & Firing Job Applicants New Legislation

Philadelphia Enacts Paid Sick Leave Ordinance

On February 12, 2015, the Philadelphia City Council passed, and Mayor Michael A. Nutter promptly signed into law, the Promoting Healthy Families and Workplaces Ordinance ("Ordinance")....more

2/19/2015 - Employer Mandates Local Ordinance Paid Leave Sick Leave Wage and Hour

Winter Storms Raise a Blizzard of Questions for Employers

Almost a year ago, a series of winter storms blasted the country, costing billions in damages and business disruption. Yesterday, businesses and residents in the country's Northeast Corridor again braced for what some...more

1/28/2015 - Corporate Counsel Employer Liability Issues FLSA FMLA Popular Severe Weather Wage and Hour

New Jersey Supreme Court Restricts Ability to Label Workers as Independent Contractors

On January 13, 2015, the New Jersey Supreme Court issued a unanimous decision that will likely have a far reaching effect on employers by severely limiting their ability to classify workers as independent contractors....more

1/15/2015 - Delivery Drivers Employee Definition Employer Liability Issues Independent Contractors Misclassification Retailers Wage and Hour

Supreme Court Narrows Test for Compensable Time Under the FLSA

On December 9, 2014, the United States Supreme Court issued a unanimous decision favorable to employers significantly limiting the types of preliminary and postliminary activities that are compensable under the Fair Labor...more

12/10/2014 - FLSA Integrity Staffing v Busk SCOTUS Security Checks Wage and Hour

New Jersey Bill Expanding Prohibition On Discrimination Against Unemployed Advances In State Legislature

Executive Summary: A bill which would expand existing laws to prohibit discrimination against the unemployed is progressing in the New Jersey state legislature, having been approved by the Senate and reported favorably out...more

5/23/2014 - Discrimination Unemployment Unemployment Benefits

D.C. Council Seeks To Amend Wage Theft Prevention Act

Executive Summary: The D.C. Council is seeking to amend the D.C. Wage Theft Prevention Act less than one year after the last amendment. If passed, the amended law would substantially increase penalties...more

5/8/2014 - Contractors Employee Rights Employer Liability Issues Employer Mandates Notice Requirements Penalties Proposed Amendments Subcontractors Unpaid Wages Wage Theft Prevention Act

President Obama Orders Changes In Overtime Regulations – What To Expect And When

Executive Summary: President Barack Obama has directed the Department of Labor to "update" and "modernize" overtime rules to expand the number of workers eligible for overtime pay. ...more

3/19/2014 - Barack Obama DOL Unpaid Overtime Wage and Hour White-Collar Exemptions

Mayor Approves Newark Paid Sick Leave; Ordinance Expected To Take Effect Mid-June 2014

Executive Summary: As anticipated, Newark Mayor Luis Quintana approved an ordinance requiring private employers to provide paid sick leave to employees who work in Newark at least 80 hours per year. The ordinance is...more

3/10/2014 - Employee Rights Paid Leave Sick Leave

March Madness - Could Friendly Wagers Among Employees Put Your Organization At Risk?

Executive Summary: March Madness, Super Bowl, and Fantasy Football pools have become ingrained in the American workplace and seem harmless to many; however, permitting such activities creates a wide range of risks for...more

3/7/2014 - Employer Liability Issues Gambling

Employers Must Be Prepared To Deal With The Aftermath Of The Recent Winter Storms

Executive Summary: Much of the country has suffered through a series of punishing winter storms this year. With the number of snow days mounting, employers must determine whether closing the office means having to pay...more

2/19/2014 - Bodily Injury Compliance Employer Liability Issues FLSA Severe Weather Weather Policy

Newark City Council Passes Paid Sick Leave Ordinance; Mayor Expected To Approve Measure

Executive Summary: Following Jersey City's lead, New Jersey's largest city is poised to enact an ordinance that would require employers to provide up to 40 hours per year of paid sick time to Newark employees. ...more

2/10/2014 - Anti-Retaliation Provisions Employee Benefits Family Members Human Resources Professionals Paid Leave Personnel Records Posting Requirements Recordkeeping Requirements Sick Leave

New York Law Makes Misclassification Of Workers In The Transportation Industry More Costly Than Ever

Executive Summary: New York Governor Andrew Cuomo has signed the "New York State Commercial Goods Transportation Industry Fair Play Act," which will have a significant impact on employers in the transportation industry by...more

2/6/2014 - Compliance Employer Liability Issues Independent Contractors Misclassification Surface Transportation Trucking Industry

New Gender Equity Poster And Notice Required For New Jersey Employers

Executive Summary: The New Jersey Department of Labor and Workforce Development has issued the final form for required gender equity posters and notices. Effective January 2014, New Jersey employers with 50 or more...more

1/31/2014 - Employee Rights Gender Equity Posting Requirements

Restaurant Industry Newsletter - January 2014

Tax Ruling Impacts the Use of Mandatory Service Charges - Executive Summary: Beginning on January 1, 2014, "mandatory gratuities" or service charges are no longer considered "tips" by the Internal Revenue Service, and...more

1/13/2014 - FICA Taxes FLSA Hospitality Industry Income Taxes IRS Restaurant Industry Tips Wage and Hour

Bill to Amend New Jersey Law Against Discrimination To Include Protections For Pregnant Workers Passed By Legislature, Awaits...

Both houses of the New Jersey legislature have passed a bill that would amend the Law Against Discrimination to include protections for pregnant workers, including reasonable workplace accommodations and unpaid leave. ...more

1/9/2014 - Anti-Discrimination Policies Employee Rights Employment Policies Human Resources Professionals Paid Leave Pregnancy Pregnancy Discrimination Reasonable Accommodation Unpaid Leave

Proposed Law Would Amend New Jersey Employment Discrimination And Whistleblower Laws To Protect Interns

Legislation proposed by a member of the New Jersey Senate would amend the Law Against Discrimination, Conscientious Employee Protection Act, and Worker Freedom from Employer Intimidation Act to extend legal protections and...more

12/4/2013 - Discrimination Internships Unpaid Interns Whistleblower Protection Policies Whistleblowers

New Jersey Voters Approve Minimum Wage Hike; Rate To Increase To $8.25 With Future Increases Tied To Cost Of Living

New Jersey voters overwhelmingly approved a measure that will increase the state's minimum wage rate from $7.25 to $8.25, effective January 2014. The measure also included a constitutional amendment that will tie the minimum...more

11/7/2013 - Ballot Measures Consumer Price Index Cost-of-Living Minimum Wage

Jersey City Passes Paid Sick Leave Law; Applies To Employees Who Work At Least 80 Hours Per Calendar Year In City

The Jersey City Council voted 7-1 to pass a bill that will provide paid sick leave for workers in New Jersey's second largest city. Any business with 10 or more employees must offer as many as five paid sick days per year....more

9/27/2013 - Employee Rights Full-Time Employees Paid Leave Public Employees Sick Leave

Legal Alert: New Jersey Governor Signs Social Media And Gender Parity Laws

On August 29, 2013, New Jersey Governor Chris Christie signed into law two pieces of legislation that will have a significant impact on employers. A-2878, the "Facebook bill," prohibits employers from requiring or requesting...more

9/6/2013 - Anti-Discrimination Policies Chris Christie Discrimination Equal Pay Gender Equity Gender-Based Pay Discrimination Passwords Social Media Social Media Policy

Legal Alert: New Jersey Enacts Domestic Violence Leave Law; Effective Nov. 1, 2013, Employers Must Provide 20 Days' Leave For...

A bill providing protected leave to victims of domestic violence or sexual assault has been signed into law and is expected to take effect on November 1, 2013. ...more

7/22/2013 - Crime Victims Domestic Violence Employee Rights Employer Mandates Paid Leave

Legal Alert: New Jersey Supreme Court Eases Employee Retaliation Claims

Right after the U.S. Supreme Court issued decisions favoring employers in a variety of employee lawsuits based on federal statutes, including retaliation under Title VII, the New Jersey Supreme Court has moved that state in...more

7/18/2013 - Adverse Employment Action CEPA Employee Rights Good Faith Harassment Retaliation SCOTUS Title VII

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