As we previously posted, New Jersey recently expanded family leave entitlements for workers in the state. That included expanding coverage of the New Jersey Family Leave Act and New Jersey’s Family Leave Insurance benefits. The New Jersey Department of Labor (NJDOL) recently issued updated versions of the mandatory workplace posters for the New Jersey Family Leave Act and Family Leave Insurance. The NJDOL also issued updated its Frequently Asked Questions for Family Leave Insurance.Read More
On May 10, 2019, the New York City Administrative Code was amended to prohibit pre-employment drug testing for the presence of marijuana or Tetrahydrocannabinols. This ban is the first of its kind in the United States and becomes effective on May 10, 2020, one year after its enactment.Read More
As readers of this blog are aware, over the past couple of years both New York State and New York City have been active in passing laws governing the workplace. That trend is continuing in 2019 as new laws go into effect and others are implemented by the State and City. Employers must remain vigilant in keeping abreast of new laws and ensuring compliance with them to avoid potential legal liabilities.Read More
On March 28, 2018, New Jersey joined California, Connecticut, Illinois, Maryland, and Oregon by enacting an auto-enrollment IRA program. The program, known as the New Jersey Secure Choice Savings Program (the “Program”), will require all New Jersey employers with 25 or more employees to participate in a state run IRA program, unless they have their own retirement plan.Read More
On February 19, 2019, Governor Murphy signed into law legislation significantly expanding employees' rights under the State's Family Leave Act (NJFLA), Temporary Disability Law (NJTDL), and the Security and Financial Empowerment Act (SAFE Act). These amendments significantly effect employers in New Jersey. Some of the more significant changes are discussed below.Read More
On 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 More
On February 4, 2019, Governor Murphy signed into law a minimum wage increase that will increase New Jersey's minimum wage for most workers from $8.85 to $15 per hour by 2024. The $15 per hour minimum wage will be phased in according to the following schedule:
Effective Date New Minimum Wage
July 1, 2019: $10 per hourRead More
As we enter 2019, employers throughout New York must start preparing to comply with several new obligations going into effect this year at the state and local level.
Sexual Harassment Training
As we previously posted, both New York State and New York City significantly expanded their sexual harassment laws in 2018. Among other changes, both of those laws require employers to provide sexual harassment training in 2019.Read More
As we approach the end of the year, business owners need to remain mindful of upcoming changes in employment laws and their year-end human resources compliance obligations.Read More
As 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 More
New York City's Paid Sick Leave law was amended, effective May 5, 2018, to include safe leave. The amendment expanded the City's paid sick leave law to allow employees to take paid time off for themselves or a family member in connection with domestic violence, sexual offenses, stalking, or human trafficking matters. The amendment also renamed the law the Paid Safe and Sick Leave Law.Read More
Starting Monday, October 29, 2018, almost all New Jersey employers must start complying with the state's new Earned Sick Leave Law. We had previously written about the law and the proposed regulations.
In anticipation of the law's effective date, the New Jersey Department of Labor and Workforce Development has issued a "Notice of Employee Rights." The Notice can be found here.Read More
As 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 More
New Jersey employers that utilize independent workers will likely soon find the State looking over their shoulders to see if such workers were properly classified as independent and to collect unpaid taxes for any misclassified workers.
On August 10, 2018, the New Jersey Department of Labor announced that it had entered into a worksharing agreement with the United States Department of Labor to end employee misclassification in New Jersey. According to the press release, misclassification of employees has cost New Jersey over $80 million in employer tax contributions since 2010.Read More
The New York City Commission on Human Rights recently released the notice and model factsheet required by the Stop Sexual Harassment in NYC Act. I had previously posted about the Act, which significantly expands the obligations of New York City employers to prevent sexual harassment under the NYC Human Rights Law (NYCHRL).Read More
As readers of this blog know, New York City's Temporary Schedule Change Law, which requires employers to permit employees to make a limited number of work schedule changes each year, went into effect on July 18, 2018. Our prior posts on this law can be found here.Read More
Two of New York City's recently enacted laws governing the employment relationship become effective this week, on July 18, 2018. The first law expands employer obligations under the New York City Human Rights Law (NYCHRL), concerning employee requests for reasonable accommodations. The second law grants eligible employees in New York City the right to make a limited number of work schedule changes for personal reasons each year.Read More
On the heels of New York State expanding its sexual harassment laws, New York City has enacted its own expansion of the City's Human Rights Law (NYCHRL). The City's new legislation significantly expands the obligations of New York City employers to prevent sexual harassment.Read More