Labor & Employment Law Blog

March 31, 2017 Deadline to Download E-Verify Historic Records Report

By Michael J. P. Schewe

Has your company been using E-Verify for over ten years?  If so, then you must take action before the end of the month in order to maintain a historical record of your E-Verify transactions. E-Verify is a free online tool provided by the federal government that allows employers to cross-check the eligibility of their employees to work in the United States. In April 2017, USCIS will be disposing of E-Verify transaction records dated on or before December 31, 2006.  To assist employers with their recordkeeping, downloadable transaction records have been created.  E-Verify employers may obtain their records from USCIS until March 31, 2017.

Employers Cautiously Rejoice as Federal Judge Suspends New Overtime Rule

By Michael A. Shadiack & Lauren F. Iannaccone

On November 22, 2016, a federal judge in Texas issued a preliminary injunction enjoining the enforcement of the United States Department of Labor's new overtime rule, which nearly doubled the salary threshold applicable to the "white collar" overtime exemptions.  The rule, which was set to go into effect on December 1, 2016, requires that employees earn an annual salary of at least $47,476 (to be increased every three years) in order to meet the salary test under the executive, administrative and professional exemptions from overtime pay requirements.

New “Smart” Form I-9 Released by USCIS

By Michael A. Shadiack & Michael J. P. Schewe

U.S. Citizenship and Immigration Services (“USCIS”) recently released an updated version of Form I-9, Employment Eligibility Verification.  This new version, dated November 11, 2016, will become mandatory on January 22, 2017; however, employers are allowed to use the new or current version of the Form I-9 until January 21, 2017.

Form I-9 requirements were established in November 1986 when Congress passed the Immigration Reform and Control Act (“IRCA”).  IRCA prohibits employers from hiring people, including U.S. citizens, for employment in the United States without verifying their identity and employment authorization on Form I-9.

New Reporting Requirement: EEO-1 to Collect Summary Pay Data in Effort to Identify Wage Gaps

By Michael A. Shadiack & Michael J. P. Schewe

The Equal Employment Opportunity Commission (“EEOC”) recently announced that, starting March 31, 2018, it will collect additional pay data from certain employers on their Employer Information Report (commonly referred to as the “EEO-1”).  The additional data to be collected will assist the EEOC in identifying any discriminatory pay practice causing a “wage gap” for women and minorities.  With assistance from the Department of Labor’s Office of Federal Contract Compliance Program (“OFCCP”), the EEOC will monitor and test employer data in order to investigate employers whose data suggests pay disparities.

Minimum Wage Rate in New Jersey to Increase Effective January 2017

By Michael A. Shadiack & Lauren F. Iannaccone

The New Jersey Department of Labor (DOL) has announced the minimum wage rate will increase by six cents from $8.38 to $8.44 an hour, effective January 1, 2017.  As the New Jersey minimum wage rate will continue to be higher than the federal minimum wage rate of $7.25 an hour, New Jersey employers (that are otherwise not exempted by industry or occupation) must continue to comply with the New Jersey rate.  The Notice of Administrative Changes issued by the DOL can be viewed here.

USDOL Requires Federal Contractors to Provide Paid Sick Leave to Employees

By Michael A. Shadiack & Lauren F. Iannaccone

On September 29, 2016, the United States Department of Labor (USDOL) adopted a “Final Rule” that requires federal contractors to provide up to 56 hours of paid sick leave per year to employees who work in connection with “certain” federal contracts.

The Final Rule applies to new and replacement contracts with the federal government that are solicited on or after January 1, 2017.  Applicable contracts include:

Time to Update Workplace Postings!

By Lauren Iannaccone

The federal minimum wage poster and the federal Employee Polygraph Protection Act posters were updated by the U.S. Department of Labor just last week, with a requirement that they be posted in the workplace by employers this week. 

The federal minimum wage poster was amended to update information about independent contractors, the rights of nursing moms, Department of Labor (DOL) enforcement, and the application of tip credits. The revised polygraph poster was amended to includes new contact information for the DOL and removes information on the penalties for violating the Act.

Sex Discrimination Guidelines for Federal Contractors and Subcontractors Updated for the First Time in 40 Years

By Michael A. Shadiack & Lauren F. Iannaccone

The gender pay gap has been a topic of conversation for many decades. In 1970, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) promulgated sex discrimination regulations applicable to federal government contractors and subcontractors and federally assisted construction contractors and subcontractors. Since 1970, there has been a dramatic change in women’s participation in the workforce and extensive changes in the law regarding sex-based employment discrimination, including contractor policies and practices governing workers. New regulations set to go into effect this summer aim to provide further protections.

Exempt or Non-Exempt: USDOL'S Final Rule Changes the Overtime Landscape

Today, the United States Department of Labor ("USDOL") published its long-awaited Final Rule expanding overtime eligibility.  Under the Final Rule, which will become effective on December 1, 2016, employers may have to pay overtime to employees who never previously qualified for overtime pay because they were classified as "exempt" under the Fair Labor Standards Act ("FLSA").

Employers’ Rights and Responsibilities Under the Defend Trade Secrets Act of 2016

By Michael A. Shadiack & Lauren F. Iannaccone

On May 11, 2016, President Obama ratified the “Defend Trade Secrets Act of 2016,” giving employers a private cause of action against employees who misappropriate trade secrets. However, the Act, which immediately went into law and effect, offers both employers and employees certain legal protections.