Norris McLaughlin & Marcus, P.A.

Blogs > NJ Employment Law Blog

NJ Employment Law Blog

Jan 16, 2018

Convenience Stores Beware: Immigration Is Coming. What Do You Do?

Last week over 100 7-Eleven Stores across the United States were raided by Immigration agents in what is being called “the largest operation against an employer under Donald Trump’s presidency” —and a slowdown is nowhere in sight.  Immigration officials have promised that all employers will be subject to immigration compliance actions—regardless of size.  One mistake—however minimal—can have devastating consequences on the employer, not the employee: millions in fines, loss of federal grants and contracts, forced SEC reporting, loss of franchisee agreements, franchisor sanctions, to years in prison.  … Read More

Jan 11, 2018

Harassment Stops With You

As we are sure you are all aware, the issue of harassment in the workplace has dominated the headlines for the past two months.  It seems like every day a new story is published with respect to allegations of workplace harassment.  #Metoo has become a social media and cultural phenomenon.  Every day, more and more employees are coming forward to share their stories to draw attention to the issue of workplace harassment. … Read More

Jan 09, 2018

New Jersey’s Law Against Discrimination Expanded To Include Breastfeeding As A Protected Class

In March 2010, the Fair Labor Standards Act was amended to require employers to provide “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth.”  Employers are also required to provide “a place, other than a bathroom, that is sheltered from view and free from intrusion from co-workers and the public, which may be used to express breast milk.”  This amendment does not apply to employers with fewer than 50 employees who can show that compliance with the law would cause an undue hardship.… Read More

Dec 15, 2017

Santa’s Naughty List Continues to Grow

Well, the sun came up again today and, naturally, we woke up to more headlines involving sexual harassment in the workplace.  This time, three on-air commentators from the NFL Network have been suspended due to allegations of sexual harassment by a former co-worker, Jami Cantor.  In a lawsuit filed in Los Angeles Superior Court, the former wardrobe stylist at the NFL Network alleged that she was subjected to a sexually hostile work environment.  … Read More

Dec 05, 2017

Healthcare, Hospitals, and Immigration: The Need to Access the Global Medical Professional Workforce with Ease

Every healthcare organization has two essential requirements: (1) continuous access to qualified talent; and (2) continuous access to significant numbers of that talent.  Hospitals clearly need a lot of employees.  To meet these demands, today, more than ever, hospitals and other healthcare providers call on international medical graduates, international students educated in medicine in the United States, global researchers in every practice of medicine, and world-renowned specialists in countless professions.… Read More

Nov 30, 2017

The Do’s and Don’ts of Company Holiday Parties

With the holiday season in full swing, we thought we would remind everyone about the “do’s and don’ts of company holiday parties.”  Here is an article published in NJ Business Magazine in which our own Pat Collins provides insight on some of the things that employers must be aware of when hosting the office party.  Enjoy and Happy Holidays!!… Read More

Nov 09, 2017

Join Us For Our Hot Topics Seminar!

The last in this year’s series of complimentary breakfast seminars will  feature a panel of speakers presenting in-depth on six emergent topics, which include:

Employee Leave and Disability Issues in Employee Benefits – Charles A. Bruder
Current Issues on Employee Leaves – Patrick T. Collins
Non-Disclosure Agreements in the Harvey Weinstein Era – Keya C. Denner
The Evolution of Immigration Under the New Administration – Raymond G.Read More

Oct 16, 2017

Do Employers Need to Pay for Short Rest Breaks?

As longtime readers of this blog know, there are a number of common myths regarding wage and hour issues.  One of the most prevalent of these myths concerns rest breaks.  Although many people think that workers are entitled by law to mandatory rest breaks, this is generally not true under federal or New Jersey law.  What is true, however, is that the Fair Labor Standards Act (“FLSA”) requires employers who offer rest breaks of twenty (20) minutes or less to count such time as “hours worked” and pay non-exempt employees for that time. … Read More

Oct 12, 2017

Do You Know The ABC’s About Independent Contractors?

Recently, New Jersey’s Appellate Division once again addressed the test used to determine whether a person is an employee or an independent contractor.  The plaintiff in Garden State Fireworks Inc. v. NJ Dept. of Labor, A-1581-15T2 (N.J. App. Div. September 29, 2017), manufactures and sells fireworks and facilitates fireworks shows.  Its busiest season is the summertime, between Memorial Day and Labor Day, with 80% of its business conducted around the Fourth of July.… Read More

Oct 02, 2017

Third Circuit Addresses “Willful” Violations of Fair Labor Standards Act

Under the Fair Labor Standards Act (FLSA), which governs wage and hour issues such as minimum wage and overtime pay, the statute of limitations is generally two years.  The FLSA, however, sets the limitations period for “willful” violations at three years.  In a precedential decision issued earlier this month, the U.S. Court of Appeals for the Third Circuit—whose jurisdiction includes Pennsylvania and New Jersey—defined what constitutes a “willful” violation of the FLSA.… Read More