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In the Midst Of COVID-19 Legislature Amends NJ Warn Act

On April 14, 2020, in apparent recognition of the toll that the COVID-19 pandemic is having on New Jersey businesses, Governor Murphy signed an amendment to the Millville Dallas Airmotive Plant Job Loss Notification Law,...more

Employers Must Post Notice Of Rights Under The Families First Coronavirus Response Act

The United States Department of Labor (DOL) has provided a notice of employee rights under the Families First Coronavirus Response Act (FFCRA) that all covered employers must make available to employees. As we wrote in a...more

Employers In The Garden State Now Subject To Most Expansive Warn Act In The Nation

On January 21, 2020, Governor Murphy signed into law Senate Bill 3170, the most expansive WARN Act in the nation. This law emanated from last year’s closure of Toys R Us, which left 2,000 New Jersey employees unemployed. The...more

New Jersey Enacts Crown Act Prohibiting Hair Discrimination

New Jersey has enacted the “Create a Respectful and Open Workspace for Natural Hair Act” (“CROWN Act”). The CROWN Act should cause New Jersey employers to reexamine their grooming policies. The CROWN Act amends the New Jersey...more

U.S. Department Of Labor Issues Final Regulations Raising The Minimum Salary Threshold And Increases The Threshold For The Highly...

On September 24, 2019, the United States Department of Labor (“DOL”) issued its long-awaited final rule that will increase the minimum salary threshold that is required to be paid to employees who otherwise meet the “white...more

New Jersey Joins Many States In Prohibiting Pre-Employment Salary History Inquiries

On July 25, 2019, New Jersey enacted a law banning salary history inquiries, joining 18 other states in doing so, including New York and many municipalities. The law, NJA1094, becomes effective on January 1, 2020. The law...more

Employers Have Until September 30, 2019 To Provide Pay Equity Information To EEOC

On April 25, 2019, Judge Tanya Chutkan of the United States District Court for the District of Columbia ruled in National Women’s Law Center et al v. Office of Management and Budget et al., Civil Action No. 17-cv-2458...more

New Jersey Requires Employers To Offer Transportation Fringe Benefits

On March 1, 2019, New Jersey became the first state to enact legislation, Senate Bill No. 1567 (“An Act concerning pre-tax transportation fringe benefits”), requiring employers with 20 or more employees to offer pre-tax...more

New York Court Of Appeals Upholds Department Of Labor Position That Live-In Home Health Care Aides Are Not Entitled To Pay For 24...

On March 26, 2019, the New York State Court of Appeals, New York’s highest Court, issued a highly anticipated decision that has major impacts for the home health care industry in New York. The question before the Court was...more

Effective Immediately – New Jersey Restricts The Use Of Certain Arbitration And Nondisclosure Provisions For Discrimination,...

On March 18, 2019, Governor Phil Murphy signed Senate Bill 121 into law. The new law prohibits the use of arbitration clauses and jury waivers that relate to claims of discrimination, retaliation, and harassment in...more

New Jersey Expands Family Leave Insurance And Related Laws

On February 19, 2019, Governor Murphy signed into law A3975, which significantly expands New Jersey’s paid family leave insurance program (“PFLL”) and temporary disability benefits law. By way of background, the PFLL has been...more

New Jersey’s Minimum Wage To Rise To $15 Per Hour

On February 4, 2019, Governor Phil Murphy signed into law a bill (A-15) that will increase New Jersey’s minimum wage to $15 per hour by 2024 for the majority of New Jersey’s workers. ...more

New Jersey Department Of Labor And Workforce Development Issues New Jersey Earned Sick Leave Notice Of Employee Rights

As we have previously blogged, the New Jersey Earned Sick Leave law goes into effect on October 29, 2018. In connection with implementation of the law, the New Jersey Department of Labor and Workforce Development has issued a...more

New York State Releases Final Sexual Harassment Training And Policy

As we previously reported, New York State launched the Combatting Sexual Harassment in the Workplace website in August 2018 to host resources for employers and employees about the new legal obligations arising from the New...more

United States Supreme Court Rules Class And Collective Action Waivers In Employment Agreements Are Enforceable

On Monday, May 21, 2018, the U.S. Supreme Court issued what is widely regarded as the most important decision for U.S. employers this year. In a 5-4 decision, in Epic Systems Corporation v. Lewis (and two other related...more

New Tax Law Discourages Use Of Nondisclosure Provisions In Sexual Harassment And Abuse Cases

The new Tax Cuts and Jobs Act (the “Act”) makes many changes to federal tax law, but one provision of the Act should be of interest to employers and claimants settling claims of sexual harassment and abuse. In the wake of...more

Sexual Harassment In The Workplace: A Tale As Old As Time

While sexual and other unlawful harassment issues have been present in the workplace for decades, the current news cycle has made the term a household name. One cannot turn on the television, open a newspaper or surf the web...more

Federal Court In Texas Holds That The Department Of Labor’s Final Rule Changing The White Collar Exemptions Invalid

On August 31, 2017, the United States District Court for the Eastern District of Texas (the “Court”) invalidated the United States Department of Labor’s (“DOL”) changes to the Fair Labor Standards Act’s (“FLSA”) overtime...more

US Department Of Labor Announces Intention To Repeal Tip-Pooling Regulation

As set forth in its July 20, 2017 Regulatory Agenda, the United States Department of Labor (“USDOL”) has announced its intention to rescind the controversial 2011 regulation enacted by the Obama Administration (the “2011...more

Ring in the New Year Right: TriState Employers Must Ensure Compliance With Upcoming Changes

Employers are well advised to ensure that they start the New Year on the correct foot as many laws have effective dates in a few short days and weeks. Among the most notable changes are the following: Minimum...more

They’re Here! Long–Awaited Rules on White Collar Overtime Exemptions Released by US Department of Labor

On May 18, 2016, the United States Department of Labor (“USDOL”) released its long- anticipated changes to the Fair Labor Standards Act’s (“FLSA”) overtime exemption rules (the “Final Rule”). The Final Rule marks the first...more

Supreme Court Holds That Unaccepted Offer of Judgement Does Not Moot Class Action

As many employers facing wage and hour class and collective actions are aware, defendant employers often attempt to make an offer of judgment to a named plaintiff in an attempt to moot class and collective actions. On...more

5 Things to Know About the U.S. Department of Labor’s Proposed Changes to the Fair Labor Standards Act

On June 30, 2015, the United States Department of Labor (“DOL”) released proposed regulations that would modify certain provisions of the Fair Labor Standards Act (“FLSA”), including the so-called “white collar exemptions.” ...more

Second Circuit Holds That Parties May Not Voluntarily Settle Claims Under the Fair Labor Standards Act With Prejudice Without...

In Cheeks v. Freeport Pancake House, Inc. et als., the United States Court of Appeals for the Second Circuit held that parties may not privately settle claims arising under the Fair Labor Standards Act (“FLSA”) with prejudice...more

United States Department of Labor Issues Memorandum Indicating Agency’s View that Most Workers Are “Employees” Covered by the...

Confirming what many employment law practitioners already know, on Wednesday July 15, 2015, the United States Department of Labor, Wage and Hour Division (“USDOL” or the “Agency”) confirmed that the Agency takes a very...more

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