On August 8, 2023, the New Jersey Department of Labor (NJDOL) launched the Workplace Accountability in Labor List, known as the “WALL.” Starting in September 2023, the NJDOL will post a list of businesses on the WALL that have outstanding liabilities for state wage, benefit, or tax laws enforced by the NJDOL. The WALL will be updated monthly.
Read MoreIn our last blog post, we discussed things an employer should (and should not) do when hiring an employee. Unfortunately, every business owner who hires employees will likely have to terminate at least one at some point. Terminating an employee is a sensitive process that requires careful consideration of fairness, legality, and the workplace environment. Below are five things’ businesses should do when faced with the challenging task of letting an employee go.
Read MoreAs a business owner, hiring the right employees is one of the most important things will you do to grow your business. A well-executed hiring process can lead to a successful and productive team, while hasty decisions can result in costly mistakes. Below are five hiring dos and don’ts that will help you navigate the hiring process.
Read MoreOn June 21, 2023, the New York Department of Labor (NYDOL) issued amendments to the New York State Worker Adjustment and Retraining Notification (NY WARN) Act regulations, which took effect on that date. NY WARNS requires employers with 50 or more full-time employees in New York State to provide 90 days' notice of plant closings and mass layoffs.
Read MoreNew York City has amended it Human Right Law to prohibit discrimination on the basis of height and weight. The law, which was signed by Mayor Eric Adams on May 26, 2023, will take effect on November 22, 2023.
Under the new law, it will be illegal for employers to:
Read MoreThe United State Department of Labor (USDOL) has issued updated posters for the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). Covered employers must replace the now outdated FLSA poster and should, but are not required to, replace the older FMLA poster.
Read MoreProblem employees should be addressed promptly as they can be a financial and morale drain on a business. and also create potential liabilities for employers. There are several signs that an employee may be a potential liability for a business that employers should look out for. These include:
Read MoreIn 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.
Read MoreRecently we are seeing a significant increase in the number of audits of small businesses being conducted by the New Jersey Department of Labor (DOL). Facing a DOL audit can be daunting, but being prepared and knowing how to handle it can help you minimize the risk of fines and penalties. Here are five tips for dealing with a DOL audit.
Read MoreAs current news headlines in the New York Times and The Wall Street Journal demonstrate, as businesses move beyond COVID, many workplaces are struggling between the company’s desire for workers to return full-time (or primarily) to working in-person and employees’ desire to work remotely.
Read MoreAs 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.
Read MoreOn February 21, 2023, the National Labor Relations Board (“NLRB”) issued a significant, but not surprising, decision in McLaren Macomb that negatively impacts the right of employers to include confidentiality and non-disparagement provisions in severance agreements with most employees. Even though NLRB matters typically involve union employers, the NLRB does have jurisdiction over non-union workplaces, so all employers should take note of the McLaren Macomb decision.
Read MoreEmployee claims present one of the most significant potential liabilities a business may face. Most employment laws impose personal liability on business owners and decisions makers, so business owners are not protected by the corporate form of their business entity. Many employment laws also provide for attorney fee shifting in favor of prevailing plaintiffs, which can significantly increase the potential liability of an employee lawsuit. Similarly, certain employment laws, for example most wage and hour laws, provide for liquidated damages of 100% to 200% of the compensatory damages awarded to a plaintiff.
Read MoreOn January 10, 2023, New Jersey Governor Phil Murphy, signed into law legislation that makes the 2020 amendments to New Jersey’s mini-WARN Act become effective on April 10, 2023. The amendments were originally scheduled to take effect in July 2020, but were delayed due to the COVID-19 pandemic and New Jersey’s related state of emergency (which still remains in effect).
Read MoreNew York finished out 2022 by enacting a number of laws that employers in the state must be aware of and comply with entering 2023. The new laws cover matters such as lactation breaks, employment discrimination, workplace posters, and job advertisements. We have highlighted the requirements and effective dates of the new laws below.
Read MoreAs we remind our readers each year, as year-end approaches, business owners need to remain mindful of their year-end human resources compliance obligations and prepare for upcoming minimum wage increases.
Read MoreWith the election upcoming on November 8, 2022, New York employers need to make sure they are complying with their obligations under the New York State Election Law concerning employee time off to vote.
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