On August 8, 2020, President Trump signed a presidential memorandum deferring certain payroll tax obligations for employees from September 1 through December 31, 2020. The memo permits employees to defer payment of the 6.2%...more
Although many businesses currently have their sights on “returning to work” as soon as lockdowns lift across the country, make no mistake, this will not be a return to “business as usual.” Until a vaccine is developed,...more
Given the significant economic impact of the COVID-19 pandemic, many employers of all sizes are unfortunately struggling due to the sudden financial downturn. There are several different options that companies can make use of...more
Please note that this is a developing area of law, concerning unprecedented public health challenges. This webinar includes the most up-to-date information available as of the date of the presentation. However, laws and best...more
On Wednesday, March 18, 2020, President Trump signed the Families First Coronavirus Response Act (H.R. 6201) into law. The law, which is part of a series of anticipated bills to deal with the COVID-19 pandemic, includes two...more
The “gig economy” has prompted a nationwide debate about which workers should be deemed employees (and therefore entitled to certain rights and benefits under labor and employment laws) as opposed to independent contractors. ...more
6/6/2019
/ Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Lyft ,
Misclassification ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Policy Memorandums ,
Uber ,
Unfair Labor Practices ,
Wage and Hour
Employees who claim that they were discriminated against or retaliated against by their employer typically must prove that the employer was substantially motivated by their membership in a protected class (such as race,...more
5/10/2019
/ Amazon ,
Artificial Intelligence ,
Bias ,
Corporate Counsel ,
Disparate Impact ,
Employer Liability Issues ,
Employment Discrimination ,
Human Resources Professionals ,
Protected Activity ,
Protected Class ,
Protected Concerted Activity ,
Retaliation ,
Wage and Hour
As previously covered by HR Legalist, a federal court recently revived the EEOC’s expansion of the annual EEO-1 reporting requirement for employers, which was originally proposed in 2016. Due to the court’s ruling, employers...more
On March 25, 2019, New Jersey lawmakers called off a vote on Senate Bill No. 2703 (Assembly Bill No. 4497) legalizing recreational marijuana (cannabis) (“Recreational Bill”). State Senate President Stephen Sweeney...more
On March 18, 2019, New Jersey Governor Phil Murphy signed a bill into law, amending the New Jersey Law Against Discrimination (NJLAD) to prohibit nondisclosure agreements (NDAs) in employment contracts and settlement...more
3/25/2019
/ Arbitration ,
Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Governor Murphy ,
Harassment ,
NJLAD ,
Non-Disclosure Agreement ,
Retaliation ,
Settlement Agreements
On March 7, 2019, the U.S. Department of Labor, Wage and Hour Division announced a long-expected change to the salary threshold for exemptions to mandatory overtime under the Fair Labor Standards Act (“FLSA”). The new...more
On February 19, 2019, New Jersey Governor Phil Murphy signed a new bill that significantly expands paid family leave in New Jersey. The new law (A3975) modifies two existing New Jersey laws to make them more...more
Shortly after New Jersey passed a substantial minimum wage increase, the state legislature remains busy, and a series of other employment laws are making their way through the state Assembly and Senate. On February 8, 2018,...more
On Monday, February 4, 2019, New Jersey Governor Phil Murphy signed a bill increasing the minimum wage in New Jersey to $15 per hour by the year 2024. The bill (A15/S15) would increase the current statewide minimum wage of...more
Each New Year brings new laws, including employment laws and regulations that companies need to consider before the ball drops. In 2019, employers may see a few changes at the federal level, but most changes will be at the...more
12/28/2018
/ Call-In Pay ,
Drug Testing ,
Employment Policies ,
Hiring & Firing ,
Joint Employers ,
Marijuana ,
Minimum Wage ,
NLRB ,
Paid Leave ,
Salary/Wage History ,
Sexual Harassment ,
Wage and Hour ,
White-Collar Exemptions ,
Work Schedules
In a groundbreaking decision published on November 21, 2018, the Pennsylvania Supreme Court held, for the first time, that employers must exercise reasonable care to safeguard employee personal information stored on an...more
The Age Discrimination in Employment Act of 1967 (“ADEA”) forbids employment discrimination against employees who are 40 years of age or older. Private employers with less than 20 employees are not subject to the ADEA....more
11/9/2018
/ ADEA ,
Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Mount Lemmon Fire District v Guido ,
Public Employees ,
Public Employers ,
SCOTUS ,
Split of Authority ,
State and Local Government ,
Title VII
Earlier this year, HR Legalist posted a blog entry about the New Jersey Earned Sick Leave Law. This new law (full text available here) takes effect on October 29, 2018 and requires most private sector employers in New Jersey...more
A spate of new state and local regulations is making it tougher to be an employer in the City That Never Sleeps. As previously covered by HR Legalist, new requirements for sexual harassment policies went into effect across...more
Some employers require employees to enter into non-competition agreements at the time of hire, preventing them from competing with their employer during employment and during a certain time period after their employment ends....more
Today the Supreme Court ruled, in a 5-4 decision, that public sector employees who are not members of a union cannot be forced to pay union fees covering the costs of collective bargaining (Janus v. AFSCME). In doing so, the...more
6/28/2018
/ Appeals ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Janus v AFSCME ,
Non-Union ,
Payroll Deductions ,
Public Sector Unions ,
Reversal ,
SCOTUS ,
Stare Decisis ,
Union Dues
Earlier this year, New Jersey Governor Phil Murphy passed landmark equal pay legislation, which will take effect on July 1, 2018 and impact employers statewide. The Diane B. Allen Equal Pay Act (Act), expands employee...more
On May 3, 2018, New Jersey became the tenth state to require employers to provide their employees with paid sick leave. The new legislation, which will go into effect on October 29, 2018, preempts existing paid sick leave...more
Marijuana legalization can have a direct and listing impact on employers; particularly, those with drug-free workplace policies. Employers can be placed in a difficult position of trying to enforce these policies, while...more
If an employer plans to hire an employee who is currently working for another US employer on a temporary working visa (such as an H-1B visa for highly skilled employees), the existing H-1B visa can be transferred by filing a...more