Posts tagged wage and hour
Business Owners, Do You Know How Many Employees Trigger Coverage Under New Jersey’s Employment Laws?

In our previous post, we discussed which major federal employment laws are triggered based upon the number of employees a business has. This post outlines which New Jersey employment laws are triggered as a business grows and hires more employees.

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The U.S. DOL Finalized its Employee or Independent Contractor Classification Rule

On 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.

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Five Tips for Avoiding a Department of Labor Audit

In 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.

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New Jersey Appellate Division's Determination of Look Back Period for Wage and Hour Cases May Create Surprises for Employers

As we previously wrote about, in 2019, New Jersey enacted amendments to its wage and hour laws that, among other things, significantly expanded the statute of limitations and remedies available to plaintiffs. Specifically, New Jersey increased the statute of limitations for wage and hour claims from two years to six years. The amendments also provided that employees who recover unpaid wages are entitled to receive an award of liquidated damages of 200% of the wages owed (e.g., a plaintiff who recovers $10,000 in unpaid wages will also receive an additional $20,000 in liquidated damages). These amendments became effective on August 6, 2019.

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Protect Your Business From Unintended Holiday Party Related Liabilities

‘Tis the season of the business holiday party. While holiday parties can be very enjoyable and beneficial for employee morale, they can also create unintended liabilities for employers. The good news is that with a little forethought and planning, those potential liabilities can be minimized.

The potential liabilities from holiday parties general consist of sexual harassment, alcohol related harms, workers compensation claims, and wage and hour claims.

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