Last November, the U.S. Citizenship and Immigration Services (“USCIS”) announced an updated Form I-9 for employers to use in verifying the identity and employment authorization of individuals hired for employment in the United States. Although some employers may have forgotten this news, which came on the heels of the election and right before the holiday season, it is important to remember that the updated form must be used as of January 22, 2017.… Read More
This week, the Equal Employment Opportunity Commission issued its Fiscal Year 2016 Enforcement and Litigation Data. Those of you who joined us at our New Jersey Office for the Labor & Employment Year In Review Seminar may recall we shared a preview of these statistics, based on preliminary data the EEOC had published at that time. We now have the benefit of the EEOC’s exhaustive reports, including detailed data released for the first time relating to LGBT charges.… Read More
With 2016 coming to an end, New Jersey employers must ready their business for the coming year. With this in mind, we have compiled the following information for New Jersey employers to consider as we enter 2017:
The New Jersey Department of Labor announced in September 2015 that the state minimum wage would be raised from $8.38 to $8.44 per hour.
2016 has proven to be an eventful year on the wage and hour front. In May, the U.S. Department of Labor announced new Fair Labor Standards Act regulations governing the “white collar” executive, administrative, and professional exemptions from overtime. The new regulations, which were scheduled to go into effect on December 1, would have increased the required salary threshold for these exemptions from $455 per week to $913 per week. … Read More
With Thanksgiving right around the corner, employers have one more thing to be thankful for, as a federal judge in Texas has granted a nationwide preliminary injunction halting the U.S. Department of Labor’s new Fair Labor Standards Act regulationson the “white collar” overtime exemptions (i.e., the executive, administrative, or professional exemptions).
In granting the injunction, the court ruled that the stateplaintiffs were likely to succeed in showing that the DOL exceeded its authority in establishing a salary threshold for the “white collar” exemptions and setting the thresholdat a level that would effectively create a “salary-only test.” The court also ruled that the public interest would be best served by a preliminary injunction, which would preserve the status quo until the court could make a final ruling on the regulations’ validity and the DOL’s authority to make the regulations.… Read More
In the last twomonths, we have written about two lawsuits that challenge the Department of Labor’s new regulations on the “white collar” overtime exemptions, which go into effect on December 1. It now appears that we will receive a key ruling in this case on November 22.
As you may recall, two lawsuits challenging the new regulations were filed in the same federal district court in September—one by a group of 21 states and the other by a group of 55 pro-business organizations.… Read More
Charles A. Bruder, a Member of Norris McLaughlin & Marcus, P.A., will present on Affordable Care Act updates at the Lehigh Valley Association of Healthcare Office Managers annual meeting on Thursday, December 8 from 1:00 PM to 5:00 PM at Bear Creek Mountain Resort & Conference Center in Macungie, Pennsylvania.
Bruder will recap what has happened so far and discuss the implications for employer-sponsored health plans in terms of their effect on healthcare providers, such as physicians and healthcare office managers. … Read More
As many of you know, longstanding guidance under Section 409A of the Internal Revenue Code governs the use of deferred compensation to incentivize executives. However, proposed amendments are raising significant issues.
Recently, I had an opportunity to discuss these changes and what they mean for employers and employees with a representative of The Metropolitan Corporate Counsel. You can read a copy of my interview, “Big Changes Loom for Executive Compensation,” which appears in the October edition of the publication, here.… Read More
Recently, I participated in a panel discussion for the Greater Lehigh Valley Chamber of Commerce’s 2016 Healthcare Summit. The discussion focused on the workplace implications of Pennsylvania’s medical marijuana law, which went into effect earlier this year. As my Pennsylvania colleagues wrote about here, the new law prevents employers from discriminating or retaliating against a candidate or employee because he/she is certified to use medical marijuana. … Read More