New Jersey Client Employers and Labor Contractors Share Responsibility for Violations of State Wage and Hour and Employer Tax Laws
January 29, 2020
New Jersey Governor recently signed Assembly Bill 5840, which imposes joint and several liability on client employers and labor contractors who provide workers to such client employers for violations of State wage and hour laws or State employer tax laws. Furthermore, the law provides that a waiver of the new provisions is contrary to public policy, and therefore void and unenforceable.
New Jersey Employers Beware: New Penalties for Misclassification of Employees
January 29, 2020
New Jersey Governor recently signed Assembly Bill 5839, which creates penalties for violations of state wage, benefit, and tax laws in connection with the misclassification of employees. If the Commissioner of Labor and Workforce Development finds that a company has misclassified employees (for example by calling an employee an independent contractor), then, in addition to imposing any other remedies or penalties authorized by law, the Commissioner can assess and collect:
Can Your Employees Discuss Their Wages or Salaries At Work?
January 13, 2020
You may have heard of The National Labor Relations Act (NLRA) with respect to union employees and activities. What you may not realize is that the NLRA protects the rights of most employees, even those not represented by a union, to engage in protected “concerted activity.”
Using the Point Factor Method to Establish Pay Rates
January 02, 2020
Are you taking the opportunity to review and reevaluate pay rates in the New Year but don’t know where to start? The point factor method is a quantitative technique to evaluate individual jobs and/or job groups based on elements that are essential to an organization’s operations and success and set appropriate pay rates. Compensable factors are identified in a job analysis, points are assigned to the factors, the factors are weighed based on the job requirements, and a pay structure is established for the position.
2020 Minimum Wage Roundup
December 23, 2019
2020 is almost here, which means a number of states across the county will have minimum wage increases. Keep in mind that many city/county minimum wages may differ from the state minimum wage.
Massachusetts Employers, Act Fast! Deadline Approaching to Apply for Exemption for Paid Family and Medical Leave Contributions
December 16, 2019
If you offer a qualifying private plan to your workforce with benefits greater than or equal to those provided by the Paid Family and Medical Leave (PFML) law, you can apply for an exemption from collecting, remitting, and paying PFML contributions. Applications for private plan exemptions for the first quarter of contributions must be filed by December 20, 2019. Self-insured employers must provide a bond even if they are granted an exemption. Information on requesting a PFML exemption can be found here.
When Can I Deduct from my Employee’s Paycheck? Part 3: Deductions for Cash Register Shortages and Property Damage
December 10, 2019
Now that you know where and when you can (and cannot) deduct from your employee's wages for uniforms and tools and equipment, we will turn to deductions for cash register shortages and property damage in this week’s installment of our Paycheck Deductions blog series.
Nebraska Labor Law Summary
December 09, 2019
Are you an employer in Nebraska? Below are some common labor laws for the state of Nebraska that you should apply to your policies.
Are you wasting time and money on lawyers and collection agencies?
December 06, 2019
Customers can access a team of attorneys on-call for legal advice in construction, collection and corporate matters at the state and federal level for a monthly flat fee!
Effective Date for the CCPA is Rapidly Approaching
December 03, 2019
As if companies doing business in California didn’t already have enough compliance challenges, the California Consumer Privacy Act (CCPA) goes into effect on January 1, 2020.
Terminating Employees is Hard – Defending Your Severance Agreement in Court is Harder: Ensure Your Separation and Release of Claims Agreements are on Solid Legal Ground.
November 26, 2019
So the time has finally come. The employee you hired two years ago that held so much promise is showing up late to work, does not contribute in meetings, makes critical errors and is not responding to improvement plans. Despite your best intentions to rehabilitate this employee, it’s just not working out.
How Does Recreational Marijuana in IL Impact Your Workplace?
November 18, 2019
Illinois’ Cannabis Regulation and Tax Act legalizes recreational marijuana, effective January 1, 2020. Accordingly, Illinois employers may need to adjust their drug policies to remain in compliance with this and other applicable laws. This is because marijuana will soon be considered a lawful product under the Illinois Right to Privacy in the Workplace Act, meaning employers cannot take disciplinary action against employees for using marijuana off-duty and off-premises.
California Ban on Mandatory Arbitration
November 04, 2019
Though his predecessor previously vetoed similar bills, California Governor Gavin Newsom recently signed Assembly Bill 51 into law, effectively prohibiting the use of mandatory arbitration agreements for most employment law claims.
When Can I Deduct from my Employee’s Paycheck? Part 1: Uniforms
October 28, 2019
There are a number of reasons you may want to make deductions from an employee’s paycheck. Perhaps you want to recover the cost of uniforms or tools. Maybe an employee has destroyed property, or their cash register is short at the end of their shift. Or it could be that you advanced wages to a struggling employee. Knowing when, where, and how much you can deduct from an employee’s paycheck can save you time and money, not to mention protect your company’s reputation. Over the next few weeks, we will detail how you can make proper wage deductions and avoid illegal ones.
U.S. Senators Introduce Bill to Limit Non-Compete Agreements Nationwide
October 23, 2019
U.S. Senators Todd Young (R-Indiana) and Chris Murphy (D-Connecticut) introduced a bill on October 16, 2019, called the Workforce Mobility Act, which would significantly limit the use of non-compete agreements nationwide. A few states, such as California, North Dakota, and Oklahoma, already largely prohibit the use of non-compete agreements, and others, such as New Hampshire and Maine, prohibit the use of such restrictive covenants between employers and low-wage employees.
Prosecutors and Regulatory Agencies Crack Down on Crime in the Workplace
October 11, 2019
Prosecutors and regulatory agencies in several jurisdictions are ramping up efforts to address crime in the workplace, but the crimes they are targeting may surprise you.
DOL Increases Exemption Salary Thresholds
October 07, 2019
The U.S. Department of Labor recently issued its Final Rule regarding new salary thresholds that will apply to certain exempt white-collar employees starting January 1, 2020. Current thresholds were last updated in 2004, and the new regulations more closely reflect growth in employee earnings, including increasing minimum wage requirements.
Should I Provide a Separation Notice to a Departing Employee?
September 20, 2019
Dealing with terminations, layoffs, resignations, or any other type of separation is rarely listed as a favorite aspect of anyone’s job, but it is a reality for virtually all businesses. Handling separations correctly can put your organization in a better position to defend against wrongful termination claims and to demonstrate compliance. While contemporaneous documentation of separations and the underlying reasons for them is always a good idea, in some states, a separation notice is a legal requirement. As described in more detail below, employers in the following states should provide written notice of separation to departing employees.
California Legislators Pass Bill to Classify Gig-Workers as Employees
September 11, 2019
On Tuesday September 10, 2019, California legislators passes a landmark bill which will require app based workers (ex. Uber, Lyft, Postmates) to be treated as employees. Traditionally, these app based companies treated their workers as independent contractors. California Governor Gavin Newsom is a supporter of the bill, and is expected to sign as soon as it moves through the State Assembly.
Does “Transgender Discrimination” Equal “Sex Discrimination” Under Title VII?
September 09, 2019
This is an issue raised in the R.G. & G.R. Harris Funeral Homes v. EEOC case, for which the Supreme Court will hear arguments next month. In this case, the Equal Employment Opportunity Commission (EEOC) sued a Detroit area funeral home chain because the owner fired an employee due to disclosing her intent to transition from male to female. The lower court ruled in favor of the funeral home, but the Sixth Circuit Court of Appeals reversed the decision, arguing that transgender discrimination is a form of sex discrimination prohibited by Title VII. The Supreme Court agreed to review the decision.