Wilentz, Goldman & Spitzer P.A.

That’s Life. . . Insurance: The Employer Duty To Notify A Terminated Employee Of The Right To Convert

Employer provided life insurance as a part of a group plan is a terrific benefit to offer employees. However, employers must be aware that offering such a benefit also imposes certain responsibilities on them. Many states…more
| Labor & Employment Law

Freelance Work Isn't Free

On May 15, 2017, the New York City “Freelance Isn't Free Act” (the Act) will take effect. The Act protects freelance workers who are defined as “any natural person or organization composed of no more than one natural person,…more
| Commercial Law & Contracts, Labor & Employment Law

Say Nothing Means Say Nothing: The Facebook Post that Cost $80,000

When Gulliver Schools, Inc. (“Gulliver”) did not renew Mr. Snay’s contract as the school’s headmaster, Mr. Snay filed a complaint alleging age discrimination and retaliation. In full and final settlement of Mr. Snay’s claims,…more
| Labor & Employment Law

EMPLOYMENT LAW UPDATE: New York Employers: On January 1st, Did You Increase Your Minimum Wage?

See New York General Minimum Wage Rate Schedule for more information…more
| Labor & Employment Law

Employee Leave: No Longer Just Family Or Medical

New Jersey employers should be aware that their employees may be entitled to more than just family and medical leave. Employees who volunteer outside of their employment may be entitled to leave for that volunteer work in…more
| Labor & Employment Law

Telecommuting: Is It Reasonable?

Last week’s blog post explored the interactive process between employers and employees when considering a job accommodation for an employee with a disability. But what happens if during the interactive process, an employee…more
| Labor & Employment Law

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
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