Legal Updates

Posts in Labor and Employment.
Smoldering News: Employers May Face Discrimination Charges for Terminating Workers Based on Medical Marijuana Use

As the use of medical marijuana increases, employers are facing novel questions about their rights and responsibilities related to employees who use medical cannabis. A recent decision by the New Jersey Supreme Court is providing some much-needed guidance in this rapidly evolving area of ...

NLRB Announces New Joint-Employer Rule

On February 26, 2020, the National Labor Relations Board (NLRB) announced a new rule governing joint-employer status under the National Labor Relations Act. Although the NLRB more frequently sets standards through decisions in contested cases, it decided to address joint-employer ...

Updated Form I-9 Available

By: Scott Humphreys

The United States Citizenship and Immigration Services (USCIS) announced an updated version of the Employment Eligibility Verification Form (Form I-9) and its Instructions. Employers may begin to use the updated Form I-9, but must use the new Form I-9 after April 30 ...

EMPLOYER WARNING: New Jersey's WARN Act Significantly Expanded
Employers engaging in a mass layoff, transfer or a plant closure must ensure compliance with the federal Worker Adjustment and Retraining Notification Act (WARN Act) as well as the New Jersey Millville Dallas Airmotive Plant Job Loss Notification Act (a.k.a. the NJ WARN Act).
 
On January 21 ...
New Jersey Employers Beware: Increased Civil and Criminal Penalties for Misclassification of Workers

On January 20, 2020, Governor Murphy signed several new laws that dramatically increase a New Jersey employer’s liability for misclassifying workers as independent contractors rather than as employees. This employer alert summarizes each of the new laws.

First, the State is now ...

The Time for Employers to Begin Offering Commuter Benefits Is Inching Closer

Although federal law does not require an employer to offer commuter benefits to its employees, state law may soon do just that. As of March 1, 2020, or once the New Jersey Commissioner of Labor and Workplace Development promulgates regulations, New Jersey employers with 20 or more employees ...

USDOL Issues Long-Awaited Update to Overtime Rules: Salary Threshold for Exempt Status Increased

Today, September 24, 2019, 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 January 1, 2020, employers may have to pay overtime to employees who never previously ...

New Employee Protections Under the NJ Wage Theft Act and the Impact on Employers

In August 2019, the new Wage Theft Act ("WTA" or the "Act") was signed and became effective.  The WTA amends key provisions of New Jersey's Wage Payment Law, Equal Pay Act, and the Wage and Hour Law, and contains a number of provisions that directly impact employers. The Act's intent is to punish ...

New Jersey Passes Law Concerning Employer Inquiries About Worker’s Salary History

Beginning on January 1, 2020, it will be illegal in New Jersey for employers to screen a job applicant based on salary history (including prior wages, salary, commission, benefits, or any other current or previous compensation) or to require that salary history satisfy any minimum or maximum ...

Important Statutory Changes to NJ’s Medical Marijuana Program and the Impact on Employers

Last month, Governor Murphy signed the Jake Honig Compassionate Use Medical Cannabis Act, which modifies the state’s Medicinal Marijuana Program and changes how employers can treat employees who test positive for marijuana.  The Governor described the statutory revisions as ...

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