As independent contractor misclassification enforcement eases up at the federal level, New Jersey is doubling down on the state’s strict test for determining how a worker should be classified under various state laws. The New...more
New Jersey recently put employers on notice: AI-driven bias is illegal discrimination. The state’s January 9 guidance on algorithmic discrimination makes it clear that the New Jersey Law Against Discrimination (LAD) applies...more
New Jersey will soon be the next state with a pay transparency law – which means employers should have an action plan ready for compliance. New Jersey already has one of the most robust pay equity laws in the country, and a...more
11/21/2024
/ Disclosure Requirements ,
Employee Benefits ,
Hiring & Firing ,
Job Promotions ,
New Jersey ,
New Legislation ,
Pay Equity Laws ,
Pay Transparency ,
Posting Requirements ,
State Labor Laws ,
Wage and Hour
Pay transparency is one of the hottest trends impacting the workforce today. It affects all aspects of workplace relationships – including hiring, recruitment, and retention efforts; supervision and leadership; and...more
10/17/2024
/ Hiring & Firing ,
Job Ads ,
Job Applicants ,
Pay Data ,
Pay Discrimination ,
Pay Equity Laws ,
Pay Transparency ,
Professional Employer Organization ,
Remote Working ,
Reporting Requirements ,
State Labor Laws ,
Wage and Hour
What evidence does an employer need to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay? The Supreme Court announced on June 17 that it will address a disagreement among...more
7/5/2024
/ Burden of Proof ,
Clear and Convincing Evidence ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Independent Contractors ,
Job Descriptions ,
Job Duties ,
Minimum Wage ,
Misclassification ,
Outside Sales Exemption (OSE) ,
Over-Time ,
Preponderance of the Evidence ,
SCOTUS ,
Standard of Proof ,
Wage and Hour ,
White-Collar Exemptions
New Jersey employers that rely on temporary labor are one step closer to fully understanding the contours of the groundbreaking temp worker rights law that recently took effect now that state regulators have released proposed...more
New Jersey is leading the movement to create affirmative protections for temporary laborers. On February 6, Governor Murphy signed the “Temporary Workers’ Bill of Rights,” which strengthens protections for temporary workers....more
2/10/2023
/ Anti-Retaliation Provisions ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Hiring & Firing ,
New Jersey ,
Notice Requirements ,
Private Right of Action ,
Rebuttable Presumptions ,
Recordkeeping Requirements ,
State Labor Laws ,
Temporary Employees ,
Wage and Hour
The New Jersey legislature is currently considering legislation that would add the state to the growing list of jurisdictions that have significantly limited the scope and enforceability of non-competition agreements and...more
6/1/2022
/ Choice-of-Law ,
Compensation & Benefits ,
Employment Contract ,
Hiring & Firing ,
New Jersey ,
No-Poaching ,
Non-Compete Agreements ,
Notice Requirements ,
Pending Legislation ,
Posting Requirements ,
Private Right of Action ,
Restrictive Covenants ,
State Labor Laws ,
Statute of Limitations
With an increasing number of employees being diagnosed with COVID-19 and requiring a leave of absence to recover from the virus, the question arises whether having COVID-19 renders an employee “disabled” as defined under the...more
In a 6-to-3 vote yesterday, the U.S. Supreme Court ruled that workplace discrimination because of an individual’s sexual orientation or gender identity — including being transgender — is unlawful discrimination “because of...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
In just a few short weeks, New Jersey employers will no longer be allowed to ask prospective employees about their salary history during the application or interview process or rely upon salary history in setting...more
11/20/2019
/ Employer Liability Issues ,
Employment Application ,
Equal Pay ,
Governor Murphy ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Salary/Wage History ,
State Labor Laws ,
Wage and Hour
In a 5 to 4 decision, the U.S. Supreme Court ruled today that any statute of limitations applicable to an employee’s state law claims are suspended during the pendency of a federal lawsuit in which the state law claims are...more
1/23/2018
/ Appeals ,
Artis v District of Columbia ,
Employees ,
Gender Discrimination ,
Grace Period ,
Hiring & Firing ,
Retaliation ,
SCOTUS ,
State Law Claims ,
Statute of Limitations ,
Supplemental Jurisdiction ,
Time-Barred Claims ,
Tolling ,
Wrongful Termination