Posts in Employment Law
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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New York City Issues Mandatory Workplace Sexual Harassment Notice and Factsheet

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).

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New York City's Accommodation Law and Work Schedule Change Law Go Into Effect July 18th

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.

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New Jersey Employers Need to Prepare for Mandatory Paid Sick Leave

Following the enactment of a sweeping Equal Pay Law, on May 2, 2018, Governor Murphy signed the Earned Sick and Safe Days Act, which mandates that employers in New Jersey provide paid sick leave to their employees. The Act takes effect on October 29, 2018 and will preempt all existing local sick leave ordinances when it takes effect.

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New Jersey Enacts Broad Expansion of its Equal Pay Laws Bringing With It Significant Liabilities for Employers

New Jersey's Diane B. Allen Equal Pay Act (the "Equal Pay Act" or "Act") will become effective on July 1, 2018 and significantly expands New Jersey's equal pay laws. Violations of the Equal Pay Act will carry substantial liabilities, so New Jersey employers will need to act quickly to ensure compliance with the new law.

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New York Significantly Expands Its Sexual Harassment Laws: Five Takeaways for Employers

On March 31, 2018, Governor Andrew Cuomo signed into law a sweeping expansion of New York's sexual harassment laws. The new legislation contains a number of provisions that will require most New York employers to update their policies and procedures for preventing and dealing with sexual harassment issues. Of particular note for employers are the following provisions:

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