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
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
New Jersey is set to strengthen protections for temporary workers in a sweeping bill known as the Temporary Workers’ Bill of Rights. The measure would codify unprecedented measures for the state’s temporary workforce and...more
11/8/2022
/ Anti-Retaliation Provisions ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
New Jersey ,
Notice Requirements ,
Private Right of Action ,
Recordkeeping Requirements ,
State Labor Laws ,
Temporary Employees ,
Wage and Hour
With more and more states and localities requiring pay transparency laws, including New York City, it was no surprise that before the end of the legislative session, New York state lawmakers passed a bill requiring...more
By this time of year, most companies have wrapped up their 2021 performance review process and have handed out year-end bonuses and raises for 2022. However, how can employers know their pay plans and compensation decisions...more
With a new year on the horizon, New Jersey employers should prepare now for impending changes to the state’s minimum wage. In 2019, Governor Phil Murphy signed a law that gradually increases the state’s minimum wage to $15 an...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
9/10/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
Independent Contractors ,
Medical Leave ,
Misclassification ,
NLRB ,
Paid Leave ,
Payroll Taxes ,
Reasonable Accommodation ,
Remote Working ,
Telecommuting ,
Unemployment Benefits ,
Wage and Hour ,
Wrongful Death
With an increasing number of employees being diagnosed with COVID-19 and requiring a leave of absence to recover from the virus, the question arises whether having COVID-19 renders an employee “disabled” as defined under the...more
In a 6-to-3 vote yesterday, the U.S. Supreme Court ruled that workplace discrimination because of an individual’s sexual orientation or gender identity — including being transgender — is unlawful discrimination “because of...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
After nearly three months of stay-at-home orders and the shutdown of non-essential retail businesses, New Jersey is slowly starting to reopen. Non-essential construction projects resumed, non-essential retail businesses have...more
COVID-19 has had the unprecedented impact of shuttering many businesses throughout the country and leading to record-high unemployment. For some businesses whose operations were hit particularly hard by the pandemic, meeting...more
In just a few short weeks, New Jersey employers will no longer be allowed to ask prospective employees about their salary history during the application or interview process or rely upon salary history in setting...more
11/20/2019
/ Employer Liability Issues ,
Employment Application ,
Equal Pay ,
Governor Murphy ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Salary/Wage History ,
State Labor Laws ,
Wage and Hour
The federal Equal Pay Act (EPA) requires that men and women in the same workplace be compensated with equal pay for equal work. Nearly every state has its own law that also prohibits discrimination in wages on the basis of...more
New Jersey employers can breathe a sigh of relief knowing that a federal court has just pronounced that the Diane B. Allen Equal Pay Act, which went into effect on July 1, 2018, is not retroactive. This gives you some...more
More than seven years ago, female sales representatives who worked for Merck filed a class and collective action alleging discrimination in pay on the basis of their gender in violation of the Equal Pay Act (EPA) and Title...more
1/11/2019
/ Attorney's Fees ,
Class Action ,
Class Members ,
Class Representatives ,
Collective Actions ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Fair Labor Standards Act (FLSA) ,
Fee Awards ,
Gender-Based Pay Discrimination ,
Litigation Fees & Costs ,
Retailers ,
Settlement Agreements ,
Title VII ,
Wage and Hour
New Jersey Governor Phil Murphy just signed the Diane B. Allen Equal Pay Act, which was recently passed by the state legislature. His signature today means New Jersey’s antidiscrimination law will soon be expanded to prohibit...more
New Jersey will become the latest state to mandate a comprehensive equal pay law as Governor Phil Murphy announced that he will sign the “Diane B. Allen Equal Pay Act”—recently passed by the state legislature—on April 24,...more
4/16/2018
/ Anti-Discrimination Policies ,
Attorney's Fees ,
Compensatory Damages ,
Employer Liability Issues ,
Enhanced Damages ,
Equal Pay ,
Equal Pay Act ,
Governor Murphy ,
New Legislation ,
Pay Equity Laws ,
Protected Class ,
Punitive Damages ,
State Labor Laws ,
Treble Damages ,
Wage and Hour
On March 27, 2018, New Jersey became the latest state to pass comprehensive equal pay legislation, and one of the first states to pass an equal pay law that extends protections beyond gender to all classes of employees that...more
3/27/2018
/ Attorney's Fees ,
Compensatory Damages ,
Corporate Counsel ,
Employer Liability Issues ,
Enhanced Damages ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Governor Murphy ,
New Legislation ,
Pay Discrimination ,
Pay Equity Laws ,
Protected Class ,
Punitive Damages ,
State Labor Laws ,
Treble Damages ,
Wage and Hour
The parties to a high-profile Equal Pay Act lawsuit have reached a multi-million dollar settlement that will be sure to capture the attention of employers across the country. Former partners of the law firm Chadbourne & Parke...more
3/15/2018
/ Attorney's Fees ,
Class Action ,
Collective Actions ,
Conditional Certification ,
Electronically Stored Information ,
Emotional Distress Damages ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Law Firm Ownership ,
Law Firm Partners ,
Misclassification ,
Popular ,
Settlement Agreements ,
Title VII ,
Wage and Hour