In a unanimous decision, on May 15, 2024, the New Jersey Supreme Court held that the state’s amendments (Chapter 212) to the Wage Payment Law (WPL) and the Wage and Hour Law (WHL) apply prospectively, and therefore plaintiffs...more
On Monday, February 5, a Regional Director of the National Labor Relations Board (NLRB) issued a ruling that Dartmouth College basketball players are employees of the school, allowing them to vote on unionizing. The NLRB’s...more
2/8/2024
/ Educational Institutions ,
Employee Definition ,
Employees ,
Employment Policies ,
Federal Labor Laws ,
Hiring & Firing ,
NLRA ,
NLRB ,
Student Athletes ,
Unions ,
Wage and Hour
On January 9, 2024, the US Department of Labor (DOL) issued a final rule that provides revised guidance on whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act...more
1/10/2024
/ Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Minimum Wage ,
New Rules ,
NLRA ,
Over-Time ,
Proposed Rules ,
Unpaid Overtime ,
Wage and Hour
On August 8, 2023, the U. S. Department of Labor (“DOL”) issued a final rule revamping its procedures for determining prevailing wages under the Davis-Bacon and Related Acts (collectively, DBRA). This is the first time in...more
Last week, the National Labor Relations Board (“Board”) issued a decision changing the legal standard it will use to determine whether workers are “employees” covered by the National Labor Relations Act (“NLRA”), or...more
On February 6, 2023, Governor Phil Murphy signed into law a controversial bill that will provide sweeping new protections and an expansion of rights for temporary workers in New Jersey, dubbed the “Temporary Workers’ Bill of...more
Earlier this week, New Jersey state senators tabled the vote on Bill S511, landmark legislation dubbed the NJ temporary worker “Bill of Rights.” Governor Phil Murphy conditionally vetoed the proposed legislation last month,...more
On Tuesday, April 27, President Biden signed an executive order requiring federal contractors to pay their employees a minimum of $15 an hour starting on March 30, 2022. After that, the order will continue to index the...more
On March 3, 2021, U.S. District Judge William Alsup of the Northern District of California said he would partially rule in favor of a class of California retail industry workers against Apple, finding those workers were...more
The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more
11/20/2019
/ ABC Test ,
Appeals ,
Back Taxes ,
Corporate Counsel ,
Drivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Tax ,
Enforcement Actions ,
Freelance Workers ,
Gig Economy ,
Income Taxes ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
NYDOL ,
On-Demand Services ,
Over-Time ,
Popular ,
State and Local Government ,
Summary Judgment ,
Tax Penalties ,
Uber ,
Wage and Hour
On July 25, 2019, New Jersey passed a salary history ban, following in the footsteps of more than a dozen other states and cities that have already passed legislation intended to combat gender-based pay inequity. ...more
7/31/2019
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
New York Governor Andrew Cuomo signed two bills into law yesterday, amending Labor Law §194, to address the much-discussed "wage gap."
New York previously barred pay differences based on gender, but the law signed...more
7/12/2019
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Fulfilling a signature campaign pledge this week, New Jersey Governor Phil Murphy signed into law a multiyear increase in the state's minimum wage, from the current $8.85 per hour to $15 per hour in 2024. ...more
The National Labor Relations Board (NLRB) overturned yet another Obama-era precedent—the 2014 FedEx Home Delivery decision, which had severely limited the definition of an independent contractor under the National Labor...more
Governor Phil Murphy continues to remake the legal landscape in New Jersey. On April 24, 2018, he signed into law far-reaching pay-equity legislation that will take effect on July 1, 2018....more
4/25/2018
/ Employer Liability Issues ,
Equal Pay ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Protected Class ,
Sex Discrimination ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Governor Phil Murphy—officially in office just two days—has already begun to implement many of the "progressive" policy changes he promised on the campaign trail and transform New Jersey into the "California of the East."...more
1/19/2018
/ Decriminalization of Marijuana ,
Executive Orders ,
Gender-Based Pay Discrimination ,
Governors ,
Legislative Agendas ,
LGBTQ ,
Local Governance ,
Marijuana ,
Minimum Wage ,
Minority-Owned Businesses ,
Paid Time Off (PTO) ,
Pay Gap ,
Salary/Wage History ,
Sick Leave ,
State and Local Government ,
State Elections ,
State Labor Laws ,
Unions ,
Wage and Hour ,
Women-Owned Businesses
The U.S. Department of Labor (DOL) has withdrawn its 2015 and 2016 controversial informal guidance on joint employment and independent contractors. Those two guidance letters, issued during the Obama administration, greatly...more
Last week, the Subway restaurant chain entered into a landmark partnership with the U.S. Department of Labor (DOL) aimed at improving Fair Labor Standards Act (FLSA) compliance among the chain's 27,000 franchisees. The DOL...more
8/9/2016
/ Back Wages ,
Browning-Ferris Industries of California Inc. ,
Corporate Counsel ,
Fair Labor Standards Act (FLSA) ,
Fast-Food Industry ,
Franchisee ,
Franchises ,
Franchisors ,
Joint Employers ,
McDonalds ,
Popular ,
Subway ,
Wage and Hour
The U.S. Department of Labor (DOL) has issued guidance warning employers that ''joint employment'' has become more common in light of the growing variety of business models and labor arrangements in today's economy....more
The New Jersey Supreme Court recently issued a unanimous decision that could affect virtually every employer in the state that uses independent contractors as part of its workforce. In Hargrove v. Sleepy’s, LLC, the court...more