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
To combat a tight job market, employers are looking for creative ways to retain and attract talent. An Earned Wage Access (EWA) policy – a revolutionary employee benefit program that offers employees almost instant access to...more
Federal officials recently outlined prevailing wage and apprenticeship requirements that projects need to adopt if they want to take advantage of the enhanced tax credits and deductions created by the Inflation Reduction Act...more
12/19/2022
/ Apprenticeships ,
Carbon Capture and Sequestration ,
Construction Project ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Energy Efficiency ,
Inflation Reduction Act (IRA) ,
IRS ,
Physical Work Test ,
Prevailing Wages ,
Recordkeeping Requirements ,
Renewable Energy ,
Tax Credits ,
Tax Deductions ,
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
New Jersey employers should prepare now for increases to the state’s minimum wage that will take effect January 1, 2023. In 2019, Governor Phil Murphy signed a law that gradually increases the state’s minimum wage to $15 an...more
New Jersey employers will need to display revised posters advising employees of their rights under the state’s anti-discrimination and family leave laws, according to regulations that were adopted by the New Jersey Division...more
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
The New Jersey legislature is currently considering legislation that would add the state to the growing list of jurisdictions that have significantly limited the scope and enforceability of non-competition agreements and...more
6/1/2022
/ Choice-of-Law ,
Compensation & Benefits ,
Employment Contract ,
Hiring & Firing ,
New Jersey ,
No-Poaching ,
Non-Compete Agreements ,
Notice Requirements ,
Pending Legislation ,
Posting Requirements ,
Private Right of Action ,
Restrictive Covenants ,
State Labor Laws ,
Statute of Limitations
New Jersey employers with 25 or more employees that do not currently sponsor a retirement savings plan will soon be required to facilitate their employees’ enrollment in the New Jersey Secure Choice Savings Program Fund to...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
COVID-19 has had a significant and deadly impact on some of New Jersey’s most vulnerable citizens who reside and work at long-term care facilities, such as nursing homes. On September 16, 2020, Governor Phil Murphy signed a...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
The U.S. Department of Labor, Wage and Hour Division (DOL) issued an Opinion Letter on August 31 concluding that, under the Fair Labor Standards Act (FLSA) and its implementing regulations, employers are permitted to...more
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
The New Jersey Supreme Court just agreed to review whether the “good faith” defense is available to employers that rely upon determinations made by employees of the New Jersey Department of Labor and Workforce Development. In...more
Employers may have to prepare for an entirely new pay data reporting requirement to be revealed in the new year, but you can expect that any such proposal would not be as cumbersome or invasive as the current system. The...more
11/22/2019
/ Corporate Counsel ,
Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Agenda ,
Reporting Requirements ,
Rulemaking Process ,
Wage and Hour
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