New Jersey could be the next state to enact a pay transparency law – which means employers should have an action plan ready for compliance. New Jersey already has one of the most robust pay equity laws in the country, and a...more
If your New Jersey business doesn’t sponsor a retirement savings program, it’s time for you to create a system allowing workers to sock away retirement money through automatic payroll deductions. Thanks to the New Jersey...more
Public works contractors and subcontractors in New Jersey are required to submit certified payroll records on an ongoing basis – but starting August 15, those records must be submitted electronically to the New Jersey...more
If one Texas employer has its way, we wouldn’t be fighting over whether the Department of Labor has the right to raise the floor of the salary basis test for determining OT exempt status – we’d instead conclude that the...more
8/9/2024
/ Appeals ,
Corporate Counsel ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Loper Bright Enterprises v Raimondo ,
Minimum Salary ,
Oral Argument ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
A bill recently proposed in the New York City Council would amplify pay equity and transparency efforts by requiring employers with 25 or more employees who work within the five boroughs to comply with stringent pay and...more
What evidence does an employer need to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay? The Supreme Court announced on June 17 that it will address a disagreement among...more
7/5/2024
/ Burden of Proof ,
Clear and Convincing Evidence ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Independent Contractors ,
Job Descriptions ,
Job Duties ,
Minimum Wage ,
Misclassification ,
Outside Sales Exemption (OSE) ,
Over-Time ,
Preponderance of the Evidence ,
SCOTUS ,
Standard of Proof ,
Wage and Hour ,
White-Collar Exemptions
The legal landscape for “frequency of pay” claims involving manual workers in New York has recently been bubbling with activity. The state law at issue regulates the frequency in which “manual workers” must receive their...more
If you’ve been tracking litigation related to New York’s “frequency of pay” requirement for manual workers, last week’s highly anticipated decision Grant v. Global Aircraft Dispatch brings welcome news to employers. The state...more
Once again, New Jersey employers should start preparing for another increase in the state’s minimum wage that will take effect January 1, 2024. In 2019, Governor Phil Murphy signed a law that gradually increases the state’s...more
A federal appeals court recently made clear that judges must evaluate equal pay claims separately under federal law and New York’s separate equal pay law because the scope of the NY law is broader and could capture more legal...more
10/31/2023
/ Achieve Pay Equity Act (APEA) ,
Appeals ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Federal Labor Laws ,
New York ,
Pay Discrimination ,
Pay Equity Laws ,
State Labor Laws ,
Wage and Hour
New Jersey employers that rely on temporary labor are one step closer to fully understanding the contours of the groundbreaking temp worker rights law that recently took effect now that state regulators have released proposed...more
New Jersey is leading the movement to create affirmative protections for temporary laborers. On February 6, Governor Murphy signed the “Temporary Workers’ Bill of Rights,” which strengthens protections for temporary workers....more
2/10/2023
/ Anti-Retaliation Provisions ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Hiring & Firing ,
New Jersey ,
Notice Requirements ,
Private Right of Action ,
Rebuttable Presumptions ,
Recordkeeping Requirements ,
State Labor Laws ,
Temporary Employees ,
Wage and Hour
To combat a tight job market, employers are looking for creative ways to retain and attract talent. An Earned Wage Access (EWA) policy – a revolutionary employee benefit program that offers employees almost instant access to...more
Federal officials recently outlined prevailing wage and apprenticeship requirements that projects need to adopt if they want to take advantage of the enhanced tax credits and deductions created by the Inflation Reduction Act...more
12/19/2022
/ Apprenticeships ,
Carbon Capture and Sequestration ,
Construction Project ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Energy Efficiency ,
Inflation Reduction Act (IRA) ,
IRS ,
Physical Work Test ,
Prevailing Wages ,
Recordkeeping Requirements ,
Renewable Energy ,
Tax Credits ,
Tax Deductions ,
Wage and Hour
New Jersey is set to strengthen protections for temporary workers in a sweeping bill known as the Temporary Workers’ Bill of Rights. The measure would codify unprecedented measures for the state’s temporary workforce and...more
11/8/2022
/ Anti-Retaliation Provisions ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
New Jersey ,
Notice Requirements ,
Private Right of Action ,
Recordkeeping Requirements ,
State Labor Laws ,
Temporary Employees ,
Wage and Hour
New Jersey employers should prepare now for increases to the state’s minimum wage that will take effect January 1, 2023. In 2019, Governor Phil Murphy signed a law that gradually increases the state’s minimum wage to $15 an...more
New Jersey employers will need to display revised posters advising employees of their rights under the state’s anti-discrimination and family leave laws, according to regulations that were adopted by the New Jersey Division...more
With more and more states and localities requiring pay transparency laws, including New York City, it was no surprise that before the end of the legislative session, New York state lawmakers passed a bill requiring...more
The New Jersey legislature is currently considering legislation that would add the state to the growing list of jurisdictions that have significantly limited the scope and enforceability of non-competition agreements and...more
6/1/2022
/ Choice-of-Law ,
Compensation & Benefits ,
Employment Contract ,
Hiring & Firing ,
New Jersey ,
No-Poaching ,
Non-Compete Agreements ,
Notice Requirements ,
Pending Legislation ,
Posting Requirements ,
Private Right of Action ,
Restrictive Covenants ,
State Labor Laws ,
Statute of Limitations
New Jersey employers with 25 or more employees that do not currently sponsor a retirement savings plan will soon be required to facilitate their employees’ enrollment in the New Jersey Secure Choice Savings Program Fund to...more
By this time of year, most companies have wrapped up their 2021 performance review process and have handed out year-end bonuses and raises for 2022. However, how can employers know their pay plans and compensation decisions...more
With a new year on the horizon, New Jersey employers should prepare now for impending changes to the state’s minimum wage. In 2019, Governor Phil Murphy signed a law that gradually increases the state’s minimum wage to $15 an...more
COVID-19 has had a significant and deadly impact on some of New Jersey’s most vulnerable citizens who reside and work at long-term care facilities, such as nursing homes. On September 16, 2020, Governor Phil Murphy signed a...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
9/10/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
Independent Contractors ,
Medical Leave ,
Misclassification ,
NLRB ,
Paid Leave ,
Payroll Taxes ,
Reasonable Accommodation ,
Remote Working ,
Telecommuting ,
Unemployment Benefits ,
Wage and Hour ,
Wrongful Death
The U.S. Department of Labor, Wage and Hour Division (DOL) issued an Opinion Letter on August 31 concluding that, under the Fair Labor Standards Act (FLSA) and its implementing regulations, employers are permitted to...more