USDOL Issues Final Overtime Rule
As I wrote a few months ago, the United States Department of Labor (“USDOL”) was taking the necessary legal steps to modify federal overtime requirements by increasing the salary threshold needed to render employees exempt from the overtime requirements of the Fair Labor Standards Act (“FLSA”). On April 23, 2024, the USDOL released its long-awaited […]
Is Your Company Ready for an NJDOL Audit?
In past articles I have referenced many times the potential audit risks that companies face if they are not in compliance with both federal and state wage and hour laws. As businesses began the quest to return to what was pre-COVID-19 pandemic normalcy, so too did the United States and New Jersey Departments of Labor […]
THE NLRB DOES IT AGAIN!
When Democrats took control of the White House in 2021, most experts expected that there would be a drastic change in the direction of the decisions of the National Labor Relations Board (“NLRB”), which had been up to that point a quite hospitable forum for employers during the prior administration. Since this change, as predicted, […]
New Federal Independent Contractor Rule
The United States Department of Labor (“DOL”) has continued the implementation process for its adoption of a new federal standard for determining questions of independent contractor status under federal law. On January 10, 2024, the DOL published a final rule that revises the DOL’s past guidance on how to analyze independent contractor issues under the […]
Yes, Virginia, Non-Compete Agreements are Still Enforceable in New Jersey
Over the last several weeks, as 2023 was drawing to a close, I received several questions about whether non-compete agreements are still enforceable in New Jersey. The confusion in this area is understandable. With efforts happening at the federal government level to ban non-compete agreements nationally, and initiatives working their way through the New Jersey […]
6 New Year’s Resolutions for Your Workplace in 2024
It is hard to believe that we are now in the final month of 2023. Where does time go these days? With 2024 just around the corner, employers are presented with a wonderful opportunity to review internal policies/procedures and hopefully help avoid future workplace legal problems. Here are five suggested New Year’s Workplace Resolutions for […]
Employer Social Media Searches-Beware Of What You Wish For!
Thanks to the internet, employers have access to more and more information about their employees and prospective employees than ever before. And most employers love that so much information is now available to them to guide their hiring practices. Recently, I have gotten multiple questions from clients asking whether it is a smart thing for […]
New Proposed Regulations for New Jersey’s Temporary Workers’ Bill of Rights Law
The New Jersey Department of Labor (“NJDOL”) recently issued proposed regulations that are designed to assist temporary employment agencies and their customers comply with New Jersey’s Temporary Workers’ Bill of Rights Law (“Law” or “Bill of Rights Law”). That Law went fully into effect on August 5, 2023. One of the most controversial requirements of […]
USDOL Issues Proposed New Overtime Rules
On August 30, 2023, the Department of Labor (“USDOL”) announced the issuance of a Notice of Proposed Rulemaking (NPRM), Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees. The NPRM proposes to update and revise the regulations issued under section 13(a)(1) of the Fair Labor Standards Act. These rules and regulations implement […]
What Can Employers Do About Employee Marijuana Use?
I recently had a representative of a contractor over to my home to provide an estimate for possible construction work. While the representative was looking at the area of my home where work was being contemplated, I detected a pungent odor that I have smelled before. The odor was certainly familiar to me given the […]
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