On April 29, 2024, the U.S. Department of Labor’s Wage and Hour Division released a Field Assistance Bulletin addressing the application of the Fair Labor Standards Act to use of artificial intelligence and other automated...more
Seyfarth Synopsis: The New Jersey Department of Labor and Workforce Development issued its proposed regulations for New Jersey’s Temporary Workers’ Bill of Rights. The proposed regulations provide some clarity on several...more
8/10/2023
/ Anti-Retaliation Provisions ,
Comment Period ,
Department of Labor (DOL) ,
Employee Rights ,
Employees ,
Equal Pay ,
Labor Reform ,
New Jersey ,
Proposed Regulation ,
Retaliation ,
State Labor Laws ,
Temporary Employees ,
Wage and Hour
Seyfarth Synopsis: While the New Jersey Unemployment Compensation Law amendments take effect July 31, 2023, New Jersey employers are still waiting for the state to publish new submission documents and instructions. The state...more
Seyfarth Synopsis: In what New York City has billed as the “first-of-its-kind minimum pay rate for app-based restaurant delivery workers,” gig economy delivery workers will be entitled to almost 20 dollars per hour by April...more
Seyfarth Synopsis: NJ Governor Phil Murphy signed a bill coined the “Temp Worker Bill of Rights” into law. The Law gives temporary workers the right to certain information in their native language, including where they will...more
Seyfarth Synopsis: The minimum wage will increase for New Jersey employers effective January 1, 2022. It is also that time of year when we remind our clients with operations in New Jersey of their obligation to distribute...more
Seyfarth Synopsis: As they have each year since 2016, the minimum wage and exempt salary threshold will increase for certain New York employers effective December 31, 2021....more
Seyfarth Synopsis: New Jersey Governor Phil Murphy signed a legislative package into law on July 8, 2021 that increases enforcement mechanisms for state agencies to impose a variety of penalties against employers who...more
Seyfarth Synopsis: The New Jersey Supreme Court recently clarified the standard an employer must meet to successfully assert a good faith defense to wage and hour claims....more
Seyfarth Synopsis: On December 31, Governor Cuomo signed the Healthy Terminals Act, which among other things, grants local governments the authority to set prevailing wages and overtime rates for covered airport workers. ...more
Seyfarth Synopsis: The minimum wage will increase for New Jersey employers effective January 1, 2021. It is also that time of year when we remind our clients with operations in New Jersey of their obligation to distribute...more
Seyfarth Synopsis: As they have each year since 2016, the minimum wage and exempt salary threshold will increase for New York employers effective December 31, 2020. ...more
Seyfarth Synopsis: The New York Department of Labor is officially phasing out the “tip credit” this year for a wide variety of workers outside the hospitality industry. The first phase of the elimination took effect on June...more
Seyfarth Synopsis: New Jersey’s Department of Labor and Workforce Development released the required notice pertaining to misclassification of employees, which must be conspicuously posted by New Jersey employers. The law went...more
Seyfarth Synopsis: On the heels of becoming the first state to mandate severance for workers laid off as part of a mass layoff, New Jersey just may become the second state to pass a statewide predictable scheduling law if a...more
2/10/2020
/ Collective Bargaining Agreements (CBA) ,
Covered Employees ,
Employee Rights ,
Employer Liability Issues ,
Fair Workweek ,
Labor Regulations ,
Legislative Agendas ,
Notice Requirements ,
Proposed Legislation ,
Recordkeeping Requirements ,
Regulatory Agenda ,
Regulatory Requirements ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
Seyfarth Synopsis: The New York State Department of Labor has issued guidance concerning the recently enacted Salary History Ban. The guidance covers, among other topics, whether employers can consider the salaries of...more
1/27/2020
/ Employer Liability Issues ,
Employment Policies ,
Equal Pay ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
New Guidance ,
Pay Equity Laws ,
Pay Gap ,
Risk Management ,
Salary/Wage History ,
State and Local Government ,
State Labor Departments ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: Governor Murphy signed 153 bills into law on January 20, 2020, including six (6) that increase enforcement mechanisms for state agencies to impose certain penalties against employers who misclassify workers...more
1/27/2020
/ Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Law Violations ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Penalties ,
Posting Requirements ,
Regulatory Requirements ,
State and Local Government ,
State Labor Laws ,
Stop Work Orders ,
Wage and Hour ,
Wage Theft
Seyfarth Synopsis: A proposed amendment to New York State regulations would eliminate the “tip credit” for a wide variety of workers....more
1/6/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Job Duties ,
Labor Regulations ,
Minimum Wage ,
New Guidance ,
Regulatory Standards ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour ,
Wage Orders
Seyfarth Synopsis: A newly enacted New York State law will hold the top ten members of out-of-state LLCs personally liable for unpaid wages. This new law is one of several key wage and hour proposals originally advanced by...more
12/16/2019
/ Corporate Counsel ,
Employer Liability Issues ,
Labor Law Violations ,
Liability ,
Limited Liability Company (LLC) ,
New Legislation ,
Out-of-State Companies ,
Personal Liability ,
State and Local Government ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: The minimum wage will increase for New Jersey employers effective January 1, 2020. It is also that time of year when we remind our clients with operations in New Jersey of their obligation to distribute...more
Seyfarth Synopsis: The Second Circuit held that FLSA settlements pursuant to Rule 68 Offers of Judgment do not require judicial approval. The Court distinguished such settlements from Rule 41 stipulated dismissals, which...more
12/10/2019
/ Carve Out Provisions ,
Confidentiality Agreements ,
Corporate Counsel ,
Court Approval ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Interlocutory Appeals ,
Offer of Judgment ,
Rule 41 ,
Rule 68 ,
Settlement Agreements ,
Settlement Negotiations ,
Stipulated Judgment ,
Unpaid Overtime ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: Weeks before the Fair Workweek Law was set to become effective, the Philadelphia Mayor’s Office of Labor announced that the law’s effective date would be postponed until April 1, 2020. Additionally, the...more
12/6/2019
/ Delays ,
Employee Rights ,
Employer Liability Issues ,
Fair Workweek ,
Food Service Workers ,
Hiring & Firing ,
Local Ordinance ,
Restaurant Industry ,
State and Local Government ,
Wage and Hour ,
Work Schedules
Seyfarth Synopsis: As they have each year since 2016, the minimum wage and exempt salary threshold will increase for New York employers effective December 31, 2019....more
11/14/2019
/ Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Labor Regulations ,
Local Ordinance ,
Minimum Wage ,
State and Local Government ,
State Labor Laws ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: On August 6, 2019, Acting New Jersey Governor Sheila Oliver signed into law A-2903/S-1790, described as an Act “concerning enforcement, penalties, and procedures for law regarding failure to pay wages.” ...more
Seyfarth Synopsis: This week, New York state expanded a state Equal Pay Act, making it illegal to pay someone less based on characteristics including race, religion, disability or gender identity, and also other protected...more
8/2/2019
/ Damages ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Labor Regulations ,
New Legislation ,
Pay Discrimination ,
Pay Equity Laws ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour