Legal Blogs and Updates

Posts in Labor and Employment.

On January 9, 2024, the United States Department of Labor (USDOL) released its final rule amending the existing criteria used to differentiate between independent contractors and employees under the federal Fair Labor Standards Act (FLSA). The rule will become effective on March 11, 2024.

New York Governor Kathy Hochul in late December vetoed a bill that would have authorized courts to void non-compete agreements, provisions that employment contracts sometimes include to limit employees’ choices regarding where and when they may accept a job with another employer.

The ...

Artificial Intelligence: Biden’s Executive Order and its Implications in the Workplace

On October 30, 2023, President Biden issued a groundbreaking Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence This Executive Order aims to establish standards and guidelines to ensure the safe use of artificial intelligence (“AI” ...

2024 Employer To-Do Checklist

ASSESS YOUR BACKGROUND CHECK PROCESSES

Employers must ensure compliance with New Jersey and federal laws when conducting background checks. Supervisors and hiring managers should be familiar with the important steps in the process: knowing when a background check is permissible ...

Workforce Demographic Data Due Dec. 5

The U.S. Equal Employment Opportunity Commission (“EEOC”) has just announced that it has finally begun 2022 EEO-1 Component 1 data collection. By December 5, 2023, private sector employers with 100 or more employees and certain federal contractors with 50 or more employees must submit ...

Employers Beware of “the WALL”

On August 8, 2023, pursuant to N.J.S.A. 34:1A-1.16, the New Jersey Department of Labor and Workforce Development (NJDOL) implemented a new tool intended to hold employers accountable for “failing to satisfy their outstanding liabilities to the State for violations of State wage ...

Non-Competes in New York: Pending Legislation Leaves Some Questions Unanswered

New York Governor Kathy Hochul has a bill on her desk awaiting signature that would generally make non-compete agreements for employees not enforceable in New York. The legislation enhances the importance of confidentiality agreements.

In June, the New York state legislature passed a ...

New Jersey Employers Have New Reporting Obligations Per Amendments to Unemployment Compensation Law

In November 2022, Governor Phil Murphy approved significant amendments to New Jersey’s Unemployment Compensation Law (“UCL”). The amended law can be found here. These changes will become effective on July 31, 2023

The law has required an employer to complete and provide a separated ...

“Temporary Workers’ Bill of Rights” Creates New Obligations for Staffing Agencies and New Jersey Employers

Governor Murphy signed the “Temporary Workers’ Bill of Rights” on February 6, 2023. The legislation expands the rights and protections of temporary workers in New Jersey” while placing a wide range of obligations on staffing agencies and the employers that use them. The ...

2023 Employer To-Do Checklist

1. REVIEW AND UPDATE JOB DESCRIPTIONS. Job descriptions outline the necessary skills, training and education needed to perform a job, and are critically important in furtherance of an employer’s compliance efforts when interviewing candidates; properly classifying employees as ...

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