Posts in Employment Law
Employee Handbooks Continue to be Important in Protecting a Business -- Is Your's Updated?

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.

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New York Employers Must Post Election Rights Notice by June 15, 2019!

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.

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New Jersey Employers Face Numerous Changes to Employment Laws in 2018 and 2019

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:

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New Jersey Employers Must Update Their Workplace Postings to Include the NJDOL's New Family Leave Posters

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.

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2019 Continues to Bring More Changes to New York's (and New York City's) Employment Laws

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.

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New Jersey Enacts Auto IRA Program for Employers of 25 or More Employees

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.

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New Jersey Significantly Expands its Employee Family Leave Entitlements

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.

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U.S. Department of Labor Proposes Increasing Salary Requirement for White Collar Overtime Exemptions

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"

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New Jersey Enacts $15 Per Hour Minimum Wage

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 hour

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2019 Brings Significant New Obligations For New York Employers - Is Your Business Ready?

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.

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New Jersey Clears Up Some Unanswered Sick Leave Questions with the Publication of FAQs

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.

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NYC's New Paid Safe and Sick Leave FAQs Require Most Employers to Update Their Safe and Sick Leave Policies

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.

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New Jersey DOL Issues Earned Sick Leave Notice of Employee Rights

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.

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New Jersey Issues Proposed Regulations for the State's Paid Sick Leave Law

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.

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New Jersey Plans to Crack Down on the Misclassification of Employees as Independent Contractors

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.

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