On August 6, 2019, New Jersey Lt. Governor Shiela Oliver signed into law yet another expansion of New Jersey’s employment laws. Notably, this latest amendment increases the potential criminal penalties and civil liabilities for employers that violate the state’s wage and hour laws. Most of the amendments went into effect immediately.Read More
New York recently enacted legislation significantly expanding its equal pay laws and prohibiting employers from inquiring into an applicant’s salary history. These new laws bring New York State, as a whole, in line with laws currently in effect in New York City and become effective October 8, 2019.
Currently, New York law protects against gender-based pay inequality by requiring equal pay for equal work. The new legislation, similar to New Jersey’s recent pay equity law expansion, requires equal pay for “substantially similar work” and applies to all protected categories, including, race, sexual orientation, and disability, not just gender.Read More
On July 25, 2019, following a similar trend in other states, New Jersey enacted a ban on employers inquiring into an applicant’s prior salary history. This ban goes into effect on January 1, 2020, and is intended to complement the Diane B. Allen Equal Pay Act, which became effective July 2, 2018.
The new law prohibits employers from requiring applicants to provide salary history or requiring that an applicant’s salary history meet any minimum threshold for consideration for a position.Read More
In one of our original posts, which is reprinted below, we discussed the importance of an employee handbook in protecting a business. As readers of this blog are aware, employment laws are constantly changing and implementing and updating, as necessary, a business’s employee handbook helps ensure compliance the law and reduces the risk of liability. Given the recent changes to employment laws, the importance of a handbook in protecting a business cannot be overstated and the five reasons listed below remain as applicable, if not more so, as they did in the past.Read More
On July 2, 2019, New Jersey expanded its medical cannabis program, the Compassionate Use Medical Marijuana Act, which was renamed to the Jake Honig Compassionate Use Medical Cannabis Act. The revised Act provides new job protections for users of medical cannabis, which New Jersey employers must be aware of.Read More
As we previously posted, New York recently amended its Election Law to provide that registered voters are entitled to receive up to three hours of time off to vote, without loss of pay. As explained in the updated notice issued by the State Board of Elections, employees are allowed to take time off to vote at either the beginning or end of the employee’s work shift, unless otherwise agreed to between the employer and employee. Employees are required to notify their employers at least two days before the election of their need for time off to vote.Read More
Since 2018, under Governor Phil Murphy’s Administration, New Jersey has been actively expanding its existing employment laws and enacting new ones. The constantly evolving and changing landscape of employment laws presents potential difficulties and risks for New Jersey employers who must comply with an increasingly complex human resources compliance environment. We have written about many of these changes, which include, the following:Read More
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