Wilentz, Goldman & Spitzer P.A.

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

EMPLOYMENT LAW UPDATE: The U.S. Citizenship and Immigration Services Released the Revised I-9

On Nov. 14, U.S. Citizenship and Immigration Services released a revised version of Form I-9, Employment Eligibility Verification form, https://www.uscis.gov/i-9. Employers may continue using Form I-9 with a revision date of…more
| Immigration Law, Labor & Employment Law

‘Tis The Season For Public Sector Employers And Volunteers: What’s The Give And Take?

During the holiday season, people’s thoughts turn to performing charitable acts and giving back to their communities. For public sector employers, now is the time when volunteers become plentiful. However, public sector…more
| Labor & Employment Law

EMPLOYMENT LAW UPDATE: Federal Judge Delays Implementation of New Overtime Rule

A federal district judge in Texas has issued a nationwide preliminary injunction delaying the implementation of the Department of Labor’s new overtime rule. The new rule, which was supposed to take effect on December 1, 2016, …more
| Labor & Employment Law

The Fair Credit Reporting Act is Not Just About Credit Reports

Employers have the legal ability and opportunity to utilize information contained in consumer credit reports to evaluate employees if they follow the rules. But if you don’t understand the rules and, therefore, fail to comply,…more
| Labor & Employment Law

“No Show, No Call” No Unemployment Benefits? Well, Maybe . . . Making Job Abandonment Stick in New Jersey

We get this and similar questions from employers often, “Our policy states that if an employee does not show up for work or call in for three days it is deemed job abandonment. We make sure they have the policy and understand…more
| Labor & Employment Law

Will Invokana Be the Next J&J Product to be Treated as a Mass Tort?

On the heels of the transfer of multiple federal cases alleging that Johnson’s Baby Powder increases the risk of ovarian cancer, J&J now faces the same requests for cases related to another of its products, Invokana. What…more
| Health
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