Businesses with New York employees are breathing a sigh of relief now that the state has finally addressed a hot button (and expensive) issue that has plagued them for nearly six years. A state court first ruled in 2019 that...more
As independent contractor misclassification enforcement eases up at the federal level, New Jersey is doubling down on the state’s strict test for determining how a worker should be classified under various state laws. The New...more
The federal government made headlines last week by rolling back a slew of workplace obligations, but employers should be prepared for heightened requirements at the state and local level. Indeed, blue states are expected to...more
New Jersey recently put employers on notice: AI-driven bias is illegal discrimination. The state’s January 9 guidance on algorithmic discrimination makes it clear that the New Jersey Law Against Discrimination (LAD) applies...more
The Supreme Court just handed businesses a win when it weighed in on how much evidence an employer needs to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay. As we correctly...more
1/16/2025
/ Clear and Convincing Evidence ,
Employer Liability Issues ,
Employment Litigation ,
Evidence ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Preponderance of the Evidence ,
SCOTUS ,
Standard of Proof ,
Wage and Hour ,
White-Collar Exemptions
The Port Authority of New York and New Jersey is considering a proposal to increase the minimum wage for airport workers at LaGuardia Airport, John F. Kennedy International Airport, and Newark Liberty International Airport....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 recently heard oral arguments in a case raising this question and...more
11/22/2024
/ Clear and Convincing Evidence ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Misclassification ,
Non-Exempt Employees ,
Oral Argument ,
Over-Time ,
Preponderance of the Evidence ,
Standard of Proof ,
Wage and Hour
New Jersey will soon be the next state with 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
11/21/2024
/ Disclosure Requirements ,
Employee Benefits ,
Hiring & Firing ,
Job Promotions ,
New Jersey ,
New Legislation ,
Pay Equity Laws ,
Pay Transparency ,
Posting Requirements ,
State Labor Laws ,
Wage and Hour
Fido’s under the weather? Is Fluffy due for a check-up? A new bill introduced in the New York City Council aims to give employees time off to care for their furry (or scaley or feathered) friends. The proposed measure seeks...more
Pay transparency is one of the hottest trends impacting the workforce today. It affects all aspects of workplace relationships – including hiring, recruitment, and retention efforts; supervision and leadership; and...more
10/17/2024
/ Hiring & Firing ,
Job Ads ,
Job Applicants ,
Pay Data ,
Pay Discrimination ,
Pay Equity Laws ,
Pay Transparency ,
Professional Employer Organization ,
Remote Working ,
Reporting Requirements ,
State Labor Laws ,
Wage and Hour
For the seventh year in a row, New Jersey will be increasing its minimum wage effective January 1, 2025. Under a law passed in 2019, the New Jersey Department of Labor and Workforce Development (NJDOL) initially set a minimum...more
Many employers are now turning to the year-end performance review process and making decisions about bonuses, raises, and incentives for employees — which makes this an ideal time to audit your pay practices and fix any...more
10/9/2024
/ Audits ,
Compensation & Benefits ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Pay Discrimination ,
Pay Equity Laws ,
Pay Transparency ,
State Labor Laws ,
Wage and Hour
As the final quarter of 2024 begins, many employers are turning to the year-end review process. While you’re planning for raises, bonuses, and other employee incentives this comp season, you’ll need to account for the new...more
10/4/2024
/ Advance Notice ,
Bonuses ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Training ,
Employment Policies ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Incentive Compensation ,
Minimum Salary ,
New Rules ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Standard Duties Test ,
Wage and Hour ,
White-Collar Exemptions
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