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DOL Issues Guidance on Wage-Hour Risk Posed by Artificial Intelligence

On April 29, 2024, the U.S. Department of Labor’s Wage and Hour Division released a Field Assistance Bulletin addressing the application of the Fair Labor Standards Act to use of artificial intelligence and other automated...more

Proposed New Jersey Bill Would Lower Harassment Standard and Mandate Anti-Harassment Policy and Training

Seyfarth Synopsis: A pending bill in New Jersey’s legislature would significantly lower the standard for establishing harassment claims and require employers to implement anti-harassment training and policies and report...more

New Jersey Temporary Workers’ Bill of Rights: Regulations Issued

Seyfarth Synopsis: The New Jersey Department of Labor and Workforce Development issued its proposed regulations for New Jersey’s Temporary Workers’ Bill of Rights. The proposed regulations provide some clarity on several...more

NJ Employers Receive Some – Albeit Incomplete – Guidance Regarding Unemployment Insurance Reporting Obligations

Seyfarth Synopsis: While the New Jersey Unemployment Compensation Law amendments take effect July 31, 2023, New Jersey employers are still waiting for the state to publish new submission documents and instructions. The state...more

Legal Update: New York City Announces Nation’s First Minimum Wage for App-Based Delivery Drivers

Seyfarth Synopsis: In what New York City has billed as the “first-of-its-kind minimum pay rate for app-based restaurant delivery workers,” gig economy delivery workers will be entitled to almost 20 dollars per hour by April...more

NJ Employers Soon Face Additional Unemployment Reporting Obligations and Heightened Penalties

Seyfarth Synopsis: Beginning July 31, 2023, New Jersey employers will face additional unemployment insurance reporting obligations and significantly increased penalties for noncompliance with new amendments to the...more

New Jersey Extends Unemployment Insurance Benefits for Striking Workers

Seyfarth Synopsis: On April 24, 2023, New Jersey Governor Phil Murphy, signed A4772/S3215, which addresses unemployment insurance (“UI”) benefits for workers during labor disputes, including strikes....more

Months-Long Saga Ends as NJ Governor Murphy Signs First-of-its-Kind Temporary Worker Bill Into Law

Seyfarth Synopsis: NJ Governor Phil Murphy signed a bill coined the “Temp Worker Bill of Rights” into law. The Law gives temporary workers the right to certain information in their native language, including where they will...more

New Jersey Minimum Wage Set to Increase - and Don’t Forget About CEPA and Gender Equity Notices (UPDATED)

Seyfarth Synopsis: The minimum wage will increase for New Jersey employers effective January 1, 2022.  It is also that time of year when we remind our clients with operations in New Jersey of their obligation to distribute...more

New York Minimum Wage and Exempt-Status Salary Threshold to Increase

Seyfarth Synopsis: As they have each year since 2016, the minimum wage and exempt salary threshold will increase for certain New York employers effective December 31, 2021....more

NJ Continues Its Aggressive Crackdown on Independent Contractor Misclassification

Seyfarth Synopsis: New Jersey Governor Phil Murphy signed a legislative package into law on July 8, 2021 that increases enforcement mechanisms for state agencies to impose a variety of penalties against employers who...more

No Adverse Action? No Problem: NJ Supreme Court Eases Pleading Burden for Disability Claims under LAD

Seyfarth Synopsis: The New Jersey Supreme Court held that a plaintiff need not plead an adverse employment action such as a termination or demotion to establish a prima facie case of failure to accommodate a disability under...more

Connecticut Joins Growing List of States to Ban Hairstyle Discrimination

Seyfarth Synopsis: Connecticut Joins Its Tristate Neighbors by Becoming the Eighth State to Formally Amend Its Anti-Discrimination Laws to Include Hairstyle Discrimination as a Form of Race-Based Discrimination. This Law will...more

New Jersey Supreme Court Clarifies Good Faith Defense to Wage & Hour Claims

Seyfarth Synopsis: The New Jersey Supreme Court recently clarified the standard an employer must meet to successfully assert a good faith defense to wage and hour claims....more

Governor Cuomo Signs Healthy Terminals Act

Seyfarth Synopsis: On December 31, Governor Cuomo signed the Healthy Terminals Act, which among other things, grants local governments the authority to set prevailing wages and overtime rates for covered airport workers. ...more

New Jersey Minimum Wage Set to Increase - and Don’t Forget About CEPA, Gender Equity Notices & NJ WARN

Seyfarth Synopsis: The minimum wage will increase for New Jersey employers effective January 1, 2021.  It is also that time of year when we remind our clients with operations in New Jersey of their obligation to distribute...more

New York Minimum Wage and Salary Threshold for Exempt Employees Set to Increase at the End of 2020

Seyfarth Synopsis: As they have each year since 2016, the minimum wage and exempt salary threshold will increase for New York employers effective December 31, 2020. ...more

New York Amends State WARN Law

Effective November 11, 2020, New York amended its Worker Adjustment and Retraining Notification Act (“NY WARN Act”) by expanding the government entities that must receive notice of a NY WARN Act triggering event, such as a...more

New Jersey Implements New COVID-19 Precautions for All Employers and Updated Guidance on Indoor and Outdoor Gatherings

Seyfarth Synopsis:  Governor Murphy has signed Executive Order 192 which (1) requires all employers to take precise precautions to protect their workforces during the COVID-19 pandemic, and (2) creates a streamlined reporting...more

End of Tip Credit for “Miscellaneous” Employers in New York is Near

Seyfarth Synopsis: The New York Department of Labor is officially phasing out the “tip credit” this year for a wide variety of workers outside the hospitality industry. The first phase of the elimination took effect on June...more

New Jersey Releases Required Misclassification Notice

Seyfarth Synopsis: New Jersey’s Department of Labor and Workforce Development released the required notice pertaining to misclassification of employees, which must be conspicuously posted by New Jersey employers. The law went...more

New York Issues Detailed Reopening Plan and Guidance as the State Looks Forward to Phase Three

Seyfarth Synopsis: As part of Governor Cuomo’s New York Forward plan, New York State has issued guidance for “Phase Three” industries,” which include personal care services and indoor dining. The guidance gives these...more

New Jersey Lessens COVID-19 Restrictions on Non-Essential Construction Projects and Retail Businesses

Seyfarth Synopsis: Governor Murphy has signed multiple Executive Orders which will lessen the COVID-19 restrictions on non-essential construction projects and non-essential retail businesses, permit “car gatherings,” allow...more

Paid Leave and Coronavirus—Part XII: More New Jersey COVID-Related Paid Leave Amendments, Including School Closure Leave, Signed...

Seyfarth Synopsis: New Jersey extends its Family Leave Act, disability and paid family leave laws by offering leave to employees to care for a family member in the event of an epidemic of a communicable disease, or in...more

New York State Election Law Reverts Back to Two Hour Paid Time Off Requirement

Seyfarth Synopsis:  Last year, as part of the New York State FY 2020 Budget, Section 3-110 of the New York State Election Law was amended to increase the amount of paid time off that employees could take to vote in any...more

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