On April 23, 2024, the federal agencies issued two significant final rules that will affect many businesses. The first of these rules was issued by the United States Department of Labor (USDOL), and significantly increases the salary level requirement for overtime exemptions under the Fair Labor Standards Act (FLSA). The Federal Trade Commission (FTC) issued the second rule broadly banning employee non-competition agreements nationwide.
Read MoreOn January 10, 2024, the U.S. Department of Labor (USDOL) published its final rule defining “independent contractor” under the Fair Labor Standards Act (FLSA). The final rule becomes effective March 11, 2024. The final rule rescinds the USDOL’s 2021 rule, which had arguably expanded the definition of an independent contractor under the FLSA. The USDOL has also published “Frequently Asked Questions” about the final rule.
Read MoreOn August 8, 2023, the New Jersey Department of Labor (NJDOL) launched the Workplace Accountability in Labor List, known as the “WALL.” Starting in September 2023, the NJDOL will post a list of businesses on the WALL that have outstanding liabilities for state wage, benefit, or tax laws enforced by the NJDOL. The WALL will be updated monthly.
Read MoreIn our prior post, we highlighted five tips for employers dealing with a Department of Labor (DOL) audit. However, as an employer, you want to avoid the hassle and costs associated with a DOL audit. An audit can be a time-consuming and expensive process, with potential penalties and legal fees adding up quickly. Therefore, it's crucial for employers to take proactive steps to avoid a DOL audit.
Read MoreRecently we are seeing a significant increase in the number of audits of small businesses being conducted by the New Jersey Department of Labor (DOL). Facing a DOL audit can be daunting, but being prepared and knowing how to handle it can help you minimize the risk of fines and penalties. Here are five tips for dealing with a DOL audit.
Read MoreThe Occupational Safety and Health Administration (OSHA) recently published Guidance on Mitigating the Spread of COVID-19 in the Workplace. The guidance, consistent with the Centers for Disease Control and Prevention’s (CDC) recent recommendations for fully vaccinated individuals, is no longer recommending that employers take steps to protect their fully vaccinated workers who are not otherwise at risk, from COVID-19 exposure, unless required by state or local law. The new guidance, however, sets forth specific requirements for employers concerning unvaccinated or “at-risk” workers.
Read MoreOn September 16, 2020, the United States Department of Labor (DOL) issued revised regulations under the Families First Coronavirus Response Act (FFCRA). As we had previously posted, the FFCRA created emergency paid sick leave and emergency expanded family and medical leave in response to COVID-19 illnesses and school closures.
Read MoreAs readers of this blog are aware, in recent years New Jersey has aggressively pushed to end the misclassification of employees as independent contractors. In January 2020, New Jersey enacted five new laws combating employee misclassification, which we wrote about here. Those laws, among other things, require employers to post a Notice of Employee Rights & Employer Responsibilities (the “Notice”) concerning the misclassification of employees as independent contractors.
Read MoreAs we previously posted, on March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act, which requires employers with less than 500 employees to provide paid sick leave and paid child care leave for COVID-19 related reasons.
The United States Department of Labor (DOL) has released the Notice of Employee Rights under the Act, which all employers (under 500 employees) must “post” by April 1, 2020. The Notice is required to placed in a conspicuous space in the employer’s premises. However, recognizing that most workers are currently teleworking, the DOL has stated the the emailing or direct mailing of the Notice to employees, or the posting of the notice on an employee information website, satisfies the posting requirement.
Read MoreAs we previously posted, under Governor Murphy’s administration, New Jersey has actively sought to end the misclassification of employees as independent contractors. On January 20, 2020, New Jersey enacted five new laws, called the “Misclassification Package,” that substantially increase the New Jersey Department of Labor’s (NJDOL) enforcement powers in misclassification matters.
Read MoreThe United States Department of Labor recently issued its final overtime rule, which is anticipated to make 1.3 million workers eligible for overtime under the Fair Labor Standards Act (FLSA).
Under the FLSA, employees are generally entitled to receive overtime pay unless they satisfy an exemption. The overtime exemptions typically require that an employee receive a minimum weekly salary, and perform certain duties. The final rule increases the minimum salary threshold for overtime exemptions from $455 to $684 per week ($35,568 per year). This increase becomes effective on January 1, 2020, and is the first increase of the FLSA minimum salary threshold since 2004.
Read MoreOn March 7, 2019, the United States Department of Labor (USDOL) published a Notice of Proposed Rulemaking to increase the minimum salary level for workers exempt from overtime.
Under federal law workers are generally entitled to receive overtime for any hours worked over 40 in a week, unless they are exempt from overtime under a specific exemption set forth in the Fair Labor Standards Act (FLSA). The most common exemptions are the "white collar exemptions"
Read MoreAs readers of this blog are aware, New Jersey's Earned Sick Leave Law became effective on October 29, 2018. We had previously written about the law, as well as the proposed regulations and the Notice of Employee Rights, which were issued by the New Jersey Department of Labor (NJDOL).
The NJDOL recently issued its Earned Sick Leave FAQs, which answer some previously open questions concerning the new law. Of particular note, the FAQs answer whether employers can prorate "front-loaded" grants of paid sick leave for new and part-time employees and the eligibility under the law of employees who work both within and outside of New Jersey.
Read MoreAs we previously reported, New Jersey's Paid Sick Leave Act becomes effective on October 29, 2018. In anticipation of the upcoming effective date for the new law, the New Jersey Department of Labor (NJDOL) recently released its proposed regulations concerning the Act.
The proposed regulations answer several questions created by the statutory language of the Act. Some of the more significant ones are noted below.
Read MoreIn a prior post I discussed the Department of Labor's (DOL) proposed changes to the tip sharing rules of the Fair Labor Standards Act (FLSA), which would allow employers to require mandatory tip pooling if the employer did not take a tip credit for minimum wage compliance purposes. The proposed rule change quickly received negative criticism from restaurant workers and labor advocates due to the fear that the proposed rule would result in employers paying tipped employees minimum wage in order to retain employee tips.
Read MoreOn December 5, 2017, the Department of Labor (DOL) published a Proposed Rule rescinding its 2011 regulations concerning mandatory tip pooling.
Under the Fair Labor Standards Act (FLSA), employers may, in certain situations, take a "tip credit" for some of the tips a tipped employee receives to satisfy the employer's minimum wage obligations.
Read MoreDoes your business have an employee break policy? Do you pay employees during their coffee, bathroom, and other short breaks? According to the Third Circuit Court of Appeals (which has jurisdiction over New Jersey), if those breaks last less than 20 minutes, employees must be paid for that time under the Fair Labor Standards Act (FLSA).
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