Category: Client Advisory
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03.19.2020
Congress Passes “Families First Coronavirus Response Act” Requiring Most Small to Mid-Size Employers to Offer Paid Leave
(Click here for printable PDF) In the latest dizzying change caused by COVID-19 (coronavirus), President Trump, late on Wednesday, March 18th, signed the Families First Coronavirus Response Act (the “Act”), as the second major law to address the growing pandemic. This law imposes significant obligations on most small and mid-size employers to provide paid leave to employees, […]
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03.03.2020
Mandatory Anti-Harassment Training and Other New Amendments to the NJ Law Against Discrimination May Be Coming Soon
(Click here for printable PDF) New Jersey Governor Phil Murphy has issued “Proposals to Strengthen New Jersey’s Anti-Harassment Laws,” that if enacted into law, will significantly expand the New Jersey Law Against Discrimination (“NJLAD”). The proposed legislation is consistent with what is quickly becoming a countrywide push to expand laws aimed at preventing sexual […]
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02.21.2020
New Jersey Appellate Division Finds Employer’s Pregnancy Leave Policy Discriminatory and Warns Against Just Equal Treatment
(Click here for printable PDF) Last month, the New Jersey Appellate Division published its first opinion interpreting the New Jersey Pregnant Workers Fairness Act, a statute which amended the NJ Law Against Discrimination to include prohibitions against pregnancy discrimination. The Court in Delanoy v. Township of Ocean, et al., held that an employer’s policy designed to […]
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01.30.2020
I Kid You Not – New Jersey Becomes the First State Ever to Mandate Severance Pay in the U.S.
(Click here for printable PDF) Sparked by recent bankruptcies, on January 21, 2020, Governor Phil Murphy signed a bill amending the Millville Dallas Airmotive Plant Job Loss Notification Act, otherwise known as the “N.J. WARN Act,” lowering the standard required to issue notices and mandating severance payments to employees involved in certain plant closings, transfers, […]
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01.28.2020
NEW JERSEY MAKES IT RISKIER FOR EMPLOYERS TO CLASSIFY WORKERS AS INDEPENDENT CONTRACTORS WITH PASSAGE OF STIFFER PENALTIES
(Click here for printable PDF) New Jersey is taking a sledgehammer to employers who misclassify their workers as independent contractors. It is already difficult for employers to pass the stringent independent contractor test utilized by the state’s Department of Labor (DOL) which requires, in part, a showing that the worker at issue has his own […]
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01.24.2020
NEW JOINT EMPLOYER RULE ISSUED BY DEPARTMENT OF LABOR
(Click here for printable PDF) The U.S. Department of Labor (DOL) has recently issued a new rule to revise and update its regulations interpreting joint employer status under the Fair Labor Standards Act (FLSA). Under the FLSA, one company may be found to be a joint employer of a worker even though it is […]
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01.15.2020
Consider Yourself Warned: Pennsylvania Supreme Court Set to Consider Long-Standing Consideration Requirement for Pennsylvania Noncompetes
(Click here for printable PDF) In Pennsylvania, an employer who wants current employees to sign a restrictive covenant must provide the employee with new consideration, as employment itself is only sufficient consideration to start the employment relationship. Pulse Technologies, Inc. v. Notaro, 620 Pa. 322, 327 (2013). What constitutes “new consideration?” And how much of […]
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12.06.2019
DOL’s Enforcement Results Reach An All Time High of $2.5 Billion
(Click here for printable PDF) The Employee Retirement Income Security Act (ERISA) is the statute that protects both retirement and health plans. The United States Department of Labor (DOL), Employee Benefits Security Administration (EBSA) is the agency entrusted to enforce ERISA and in particular the rules for reporting and disclosure, vesting, participation, funding, and fiduciary […]
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09.24.2019
U.S. Department of Labor Issues Final Rule That Expands Employees Eligible for Overtime
(Click here for printable PDF) The Trump Administration on Tuesday issued its final rule to revise overtime regulations under federal law, so as to make more employees eligible for overtime. The most important change will allow an estimated 1.3 million additional workers to receive overtime pay. This final rule will become effective on January 1, […]
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08.15.2019
New Jersey Passes Law Requiring Most Employers to Offer Pre-Tax Transportation Fringe Benefits
(Click here for printable PDF) Earlier this year, in an effort to encourage employees to utilize public transportation and van pooling when traveling to and from work, Governor Murphy signed a law making New Jersey the first state in the nation to require most employers to offer a pre-tax transportation fringe “benefit” to their employees. […]
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