Wilentz, Goldman & Spitzer P.A.

Let’s Talk: The Interactive Process Between Employer and Employee

An employer who is asked for a job accommodation by an employee with a disability is required to take part in what is called the interactive process under both the federal Americans with Disabilities Act (ADA) and the New Jersey…more
| Labor & Employment Law

Think Your Temp Is Just a Temp? Think Again, He Could Be Your Employee!

It may surprise you to know that regardless of what you call a temporary or leased worker, he may be an employee under the law. So, what about the temp agency that provided the worker? Well, the temp agency may be an employer…more
| Labor & Employment Law

Family and Medical Leave Act, NJ Family Leave Act and NJ Family Leave Insurance: Employment Law “F” Words

These statutes and their requirements are often confused and not correctly applied. Two of these statutes are job holding/protection statutes and one is a job paying statute. JOB PROTECTION: The federal Family and Medical…more
| Labor & Employment Law

The Parole "Merry-Go-Round" - The Prejudicial Procedural Delay in Parole Appeals

"Merry-Go-Round" Delay by Remand to the Full Board from a Successful Appeal and Reversal of a Board Panel Denial of Parole - In Acoli v. New Jersey State Parole Board, 224 N.J. 213 (2016) the New Jersey Supreme Court…more
| Civil Procedure, Constitutional Law, Criminal Law

EMPLOYMENT LAW UPDATE: Employers Must Use New I-9 Form

On January 22, 2017, employers must use the new I-9 Form. (It is dated 11/14/16). This replaces the version of the I-9 Form dated 03/08/13. If employers continue to use the old form, penalties may be assessed…more
| Immigration Law, Labor & Employment Law

New York Employers Be Prepared: 2018 Will Usher in Changes to Family Leave Policies

In 2018, New York is enacting the New York Paid Family Leave Benefits Law. The paid leave law will be gradually phased in, and beginning on January 1, 2018, employees will be able to take up to 8 weeks of paid family leave. By…more
| Labor & Employment Law

Deductions Decoded: When Can an Employer Legally Deduct Money from an Exempt Employee’s Paycheck?

Employers should be very careful when deducting pay from salaried, exempt employees. Absent a specific statutory exception, exempt employees are entitled to receive their full salary during any week in which they perform work…more
| Labor & Employment Law

Be Aware of Evidence on Social Media Involving Anticipated or Pending Investigations or Litigation

Under the recent case of State v. Hannah, Docket No. A-5741-14T3, (N.J. App. Div. Decided December 20, 2016; approved for publication), the courts have confirmed how Twitter postings may be authenticated. Social media postings…more
| Communications & Media Law, Law Practice Products & Services

In With The New – Resolving To Conduct A Non-Discriminatory Job Interview

Given the often frenzied pace of December due to year-end obligations many businesses face, in addition to the typical mad rush of the holiday season, many employers delay personnel decisions and look to hire new employees at…more
| Labor & Employment Law

EMPLOYMENT LAW UPDATE: Health Reimbursement Arrangement

In 2016, the law prevented employers from providing reimbursements to employees who purchase non-employer related health insurance. However, that is changing for employers with less than 50 full-time employees or the equivalent…more
| Health

Watch Out For The “Psychopaths”: The Psychopathy Checklist-Revisited (PCL-R)©

Nothing scares a fact finder like the designation that someone is a “psychopath.” The name itself once attributed to a client is a title that an adversary will bludgeon your client with repeatedly in cross examination, briefing…more
| Law Practice Products & Services

Snow Days and Employee Pay:  A Perfect Storm for Employers?

Oh the weather outside is frightful, so employees think staying home would be delightful . . .Their car will get stuck and they'll have no way to go . . Let it snow, let it snow, let it snow! Winter makes its official…more
| Labor & Employment Law

Spreading Good Cheer: What Employers Should Know About Holiday Pay For Nonexempt Employees

December ushers in the hustle and bustle of the holiday season. From office parties to school holiday pageants to gatherings with family and friends, employers and employees have many holiday activities on their minds. Despite a…more
| Labor & Employment Law

EMPLOYMENT LAW UPDATE: Paid Sick Leave is coming to Morristown, NJ!

Just a reminder that if you are an employer in Morristown, the ordinance regarding providing paid sick leave to employees (including posting requirements) takes effect on January 11, 2017. Morristown is the 13th municipality in…more
| Labor & Employment Law

EMPLOYMENT LAW UPDATE: The IRS Issued an Extension Regarding an Affordable Care Act Reporting Requirement

The IRS issued Notice 2016-70 to provide an extension for employers to file Form 1095-B or Form 1095-C. Form 1095 provides information about health care coverage offered/provided to individuals. The form, originally due on…more
| Labor & Employment Law, Taxation
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