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NJ Employment Law Blog

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

Aug 30, 2017

The Pay Data Collection Aspects of the “New” EEO-1 Form Put On Hold

The pay data collection aspects of what was to be the “new” EEO-1 form, which many employers had been preparing to submit for the first time in March 2018, are now on hold.  However, it is important to note that employers who are required to submit an EEO-1 form still must complete the existing form, which requires submitting employment data by race, ethnicity, gender, and job category.… Read More

Aug 29, 2017

Norris McLaughlin & Marcus Presents I-9 Compliance Seminar for Employers

Raymond G. Lahoud, Esq., Member of Norris McLaughlin & Marcus, P.A., and Chair of its Immigration Law Group, is pleased to present “Employers Beware: ICE is Cracking Down on I-9 Compliance,” updating human resource professionals, business owners, and managers on significant recent developments with respect to the revised I-9 form.

The seminar is free of charge and open to the public.  … Read More

Aug 11, 2017

UPS Maximum Leave Policy Results In $2 Million Settlement With The EEOC

The EEOC announced this week that it has settled a lawsuit it has been litigating with United Parcel Service, Inc., since 2009.  The EEOC alleged that UPS violated the Americans With Disabilities Act by enforcing an inflexible, maximum leave policy, whereby employees, including those with disabilities, were automatically fired when they reached 12 months of leave.  In the settlement, UPS agreed to update its leave policies, conduct training on the policies, and pay $2 million in damages.… Read More

Jul 25, 2017

Expansion of Paid Family Leave Vetoed By Governor

We previously reported on a bill seeking to amend New Jersey’s Paid Family Leave Insurance Law.  The bill sought to double the amount of available paid family leave from six weeks to twelve weeks, and to increase the cap on weekly benefits from $633 to $932.  The bill also sought to expand the definition of “family members” eligible to receive benefits and to expand the availability of benefits to be taken on an intermittent leave basis.… Read More

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