On January 10, 2024, the U.S. Department of Labor (“DOL”) published its final rule that revises its guidance regarding the standard for assessing whether a worker is an employee or independent contractor under the Fair Labor...more
2/14/2024
/ ABC Test ,
Class Action ,
Classification ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Misclassification ,
Wage and Hour
On September 6, 2023, New York Governor Kathy Hochul signed legislation amending the New York Penal Law making wage theft a criminal larceny. Under the penal code, “[a] person steals property and commits larceny when, with...more
On February 6, 2023, New Jersey Governor Phil Murphy signed the Temporary Workers’ Bill of Rights, significantly expanding the rights and protections afforded to the 127,000 temporary workers in New Jersey. The new law, which...more
5/26/2023
/ Certifications ,
Employee Rights ,
Employer Liability Issues ,
Governor Murphy ,
Hiring & Firing ,
New Jersey ,
New Legislation ,
Notice Requirements ,
Private Right of Action ,
Recordkeeping Requirements ,
Temporary Employees ,
Wage and Hour
On January 21, 2020, New Jersey Governor Phil Murphy signed Senate Bill 3170 (the “amendments” or “NJ WARN Act”) into law making New Jersey the first state in the nation to require severance pay for mass layoffs. The law,...more
Effective February 10, 2020, the top ten members of an out-of-state limited liability company (“LLC”) can be held personally liable for violations of New York’s wage and hour laws. The bill, signed on December 12 by Governor...more
1/7/2020
/ Employer Liability Issues ,
Governor Cuomo ,
Joint and Several Liability ,
Labor Law Violations ,
Limited Liability Company (LLC) ,
New Legislation ,
Out-of-State Companies ,
Personal Liability ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour ,
Wage Theft
On December 12, 2019, for the first time in 60 years, the U.S. Department of Labor (DOL) announced a final rule clarifying the types of benefits that must be included in determining an employee’s “regular rate of pay” when...more
On November 7th a bill was introduced in the New Jersey legislature that would, like California’s AB 5..., codify a stricter version of the ABC test for determining independent contractor classification. The bill, S4204...,...more
11/15/2019
/ ABC Test ,
Corporate Counsel ,
Employee Definition ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Proposed Legislation ,
State Labor Laws ,
Wage and Hour
On February 4, 2019, New Jersey Governor Phil Murphy signed into law legislation... which gradually raises the minimum wage in New Jersey to $15 per hour by the year 2024 for many workers in New Jersey. Under this law, for...more
As detailed previously, the New Jersey Paid Sick Leave Act (the “Act”), goes into effect October 29, 2018. In general, the Act allows New Jersey employees to accrue one (1) hour of sick leave time per thirty (30) hours...more
10/23/2018
/ Comment Period ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Liability Issues ,
Employment Policies ,
Notice Requirements ,
Paid Leave ,
Paid Sick Leave Act ,
Paid Time Off (PTO) ,
Penalties ,
Posting Requirements ,
Proposed Regulation ,
Public Comment ,
Public Hearing ,
Rate of Pay ,
Recordkeeping Requirements ,
State Labor Laws ,
Wage and Hour
On Wednesday, May 2, 2018, Governor Phil Murphy signed into law the New Jersey Paid Sick Leave Act (the “Act”). The Act, which goes into effect on October 29, 2018, preempts all existing New Jersey municipal earned sick leave...more
5/9/2018
/ Anti-Retaliation Provisions ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Governor Murphy ,
New Legislation ,
Notice Requirements ,
Paid Leave ,
Paid Sick Leave Act ,
Paid Time Off (PTO) ,
Recordkeeping Requirements ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
On Tuesday, April 24, 2018, New Jersey Governor Phil Murphy signed into law the Diane B. Allen Equal Pay Act (the “Act”), which amends the New Jersey Law Against Discrimination (“NJLAD”) to provide enhanced equal pay...more
5/3/2018
/ Anti-Retaliation Provisions ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Governor Murphy ,
New Legislation ,
Pay Discrimination ,
Pay Equity Laws ,
Protected Class ,
Punitive Damages ,
State Labor Laws ,
Statute of Limitations ,
Treble Damages ,
Wage and Hour
New York City Councilman Rafael Espinal has proposed a bill which would prohibit private-sector employers from requiring their employees to access work-related electronic communications outside of their usual work hours. This...more
Last month, the New Jersey State Senate introduced Senate Bill 3518 (the “Bill”), which, if passed, will severely restrict the use and enforceability of employee non-compete agreements in the state of New Jersey. Most...more
12/7/2017
/ Anti-Retaliation Provisions ,
Choice-of-Law ,
Confidential Information ,
Corporate Counsel ,
Employee Benefits ,
Employment Contract ,
Enforcement Guidance ,
Fair Labor Standards Act (FLSA) ,
Job Duties ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Posting Requirements ,
Private Right of Action ,
Proposed Legislation ,
Public Policy ,
Residency Status ,
Restrictive Covenants ,
Termination ,
Time Restrictions ,
Trade Secrets ,
Wage and Hour ,
Waiver of Rights ,
Written Agreements
Last year New Jersey state and local legislatures implemented several employment laws and ordinances that are set to take effect in 2017. This update summarizes these new legal requirements to help New Jersey employers...more
On May 26, 2016, in the matter of Lewis v. Epic Systems Corporation, the U.S. Court of Appeals for the Seventh Circuit held that an arbitration agreement, which required employees to submit to individual arbitration for any...more
On April 4, 2016, New York Governor Andrew Cuomo signed a law which will significantly increase the minimum wage in New York State from the current rate of $9, to $15 by the end of 2018 for many businesses in New York City,...more
In Wang, et al. v. The Hearst Corporation, 12 CV 793 (HB) (January 9, 2013), Judge Harold Baer of the United States District Court for the Southern District of New York granted the Hearst Corporation’s (“Hearst”) motion for...more