On June 1, new job posting requirements took effect in New Jersey under the New Jersey Pay and Benefit Transparency Act. The “Pay Transparency Act,” signed into law by Governor Phil Murphy in November 2024, requires employers...more
6/3/2025
/ Compensation & Benefits ,
Employee Benefits ,
Employer Responsibilities ,
Employment Discrimination ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
New Jersey ,
New Legislation ,
Pay Transparency ,
Penalties ,
State Labor Laws ,
Wage and Hour
In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter explore the classic movie 9 to 5 and its critique of workplace inequities. Joined by wage and hour reporter Daniela Porat from Law360, they share...more
Last Friday, a Texas federal court struck down the U.S. Department of Labor’s (DOL) 2024 rule raising the minimum salary levels for certain exemptions to the overtime requirements of the Federal Labor Standards Act (FLSA)....more
11/21/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Labor Reform ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Unpaid Overtime ,
Vacated ,
Wage and Hour ,
White-Collar Exemptions
In this episode of the Hiring to Firing Podcast, hosts Tracey Diamond and Evan Gibbs are joined by Terri Gillespie, general counsel at Stateside Brands, a family-run business. The three draw parallels from the popular TV...more
On Tuesday, the U.S. Department of Labor (DOL) released a final rule, "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees," which significantly raises the...more
4/25/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Labor Reform ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs navigate the evolving landscape of employee sick days in a post-COVID-19 workplace. Special guest Lisa Whittaker, director and managing...more
In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs welcome Katie Stark, senior director, commercial counsel for Collegium Pharmaceutical. The team delves into the topic of dress codes,...more
On January 2, the U.S. Department of Labor (DOL) published a hotly anticipated final rule, which establishes a six-factor test for determining whether a worker is an employee or an independent contractor for purposes of...more
1/17/2024
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Over-Time ,
Wage and Hour
Q. Did New York institute a ban against noncompete agreements? ...more
12/29/2023
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Governor Vetoes ,
Hiring & Firing ,
Legislative Agendas ,
New York ,
Non-Compete Agreements ,
Proposed Legislation ,
Restrictive Covenants ,
State and Local Government ,
State Bans ,
State Labor Laws ,
Wage and Hour
“The Bear” on Hulu takes a close look at the intricacies of people management, generational challenges of today’s workforce, and how to communicate with employees to get the best from them. The show could be a playbook for...more
While many individuals are excited about the proliferation of state laws providing for medical and recreational use of marijuana across the country, inconsistencies in these state laws have made it difficult for employers to...more
10/24/2023
/ Cannabidiol (CBD) oil ,
Controlled Substances ,
Controlled Substances Act ,
Drug Testing ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Medical Marijuana ,
Popular ,
Recreational Use ,
Schedule I Drugs ,
State Labor Laws ,
THC ,
Wage and Hour
On August 30, the Department of Labor (DOL) issued a Notice of Proposed Rulemaking seeking to increase the white-collar exemption salary threshold — that is, the amount an executive, administrative, or professional employee...more
9/5/2023
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Labor Reform ,
Non-Exempt Employees ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Rules ,
Public Comment ,
Wage and Hour ,
White-Collar Exemptions
On August 8, the U.S. Department of Labor (DOL) published final rules changing the method by which prevailing wages will be calculated for federally funded construction projects. The final rules were adopted after publication...more
Q: Does federal antitrust law bar independent contractors from engaging in a group boycott to increase wages and alter conditions of employment?...more
Q: What does the latest decision on joint employer liability mean for businesses?
A: On September 8, 2020, the United States District Court for the Southern District of New York issued a decision overturning the U.S....more
9/17/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
New Rules ,
Rulemaking Process ,
Wage and Hour
Q: I heard New York State recently enacted another sick leave law. I thought New York already enacted a COVID-19 sick leave law back in March. How is this new one different?...more
Q. How will the federal court decision impact business policies and practices that address FFCRA leave?...more
8/7/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Furloughs ,
Health Care Providers ,
Infectious Diseases ,
Intermittent Leave ,
Paid Leave ,
Paid Sick Leave ,
Sick Leave ,
Wage and Hour
Three California cities — Los Angeles, San Francisco and San Jose — have recently enacted paid sick leave laws in response to the COVID-19 pandemic. These laws are meant to fill the gaps left by the Families First Coronavirus...more
In response to the financial pressures of the COVID-19 crisis, many employers are considering pay reductions as an alternative to furloughs or layoffs. Most states require advance notice of these changes, and some states have...more
Businesses have begun to feel the pinch as state orders related to the COVID-19 pandemic have resulted in the shutdown of facilities across the country. As a result, many companies are being forced to make difficult decisions...more
As the COVID-19 coronavirus continues to present challenges to employers worldwide, we have created this frequently asked questions document to answer some of the most common questions we have been hearing from clients,...more
3/16/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Best Practices ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Layoffs ,
Leave of Absence ,
Paid Time Off (PTO) ,
Personal Protective Equipment ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Unemployment Benefits ,
Wage and Hour ,
WARN Act ,
Workplace Safety
With more than 90,000 cases of coronavirus (COVID-19) across 65 countries, it is only a matter of time before the disease has an impact on normal business operations. However, as the virus continues its march around the...more
3/11/2020
/ Americans with Disabilities Act (ADA) ,
Business Operations ,
Coronavirus/COVID-19 ,
Crisis Management ,
Employer Liability Issues ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Infectious Diseases ,
Leave of Absence ,
Paid Time Off (PTO) ,
Public Health ,
Reasonable Accommodation ,
Sick Leave ,
Traveling Employee ,
Unpaid Leave ,
Wage and Hour ,
Workplace Safety
Q. What should my company be doing to prepare for the spread of the coronavirus?
A. With the number of coronavirus cases topping 90,000 worldwide, resulting in more than 3,000 deaths across 65 countries, it is only a...more
3/4/2020
/ Best Practices ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Wage and Hour ,
Workplace Safety
Q. My company has offices in Philadelphia and Pittsburgh. Is Pittsburgh’s new paid sick leave law the same as Philadelphia’s paid sick leave law?...more
January 2020 was a busy month for New Jersey’s executive branch. Governor Phil Murphy signed into law at least five workplace-related bills, one of which revised the New Jersey mini-WARN Act, one granting state regulators...more
1/29/2020
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Hiring & Firing ,
Independent Contractors ,
Labor Law Violations ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
Misclassification ,
New Legislation ,
Notice Requirements ,
Part-Time Employees ,
Penalties ,
Regulatory Requirements ,
Regulatory Standards ,
Severance Agreements ,
Severance Pay ,
State and Local Government ,
State Labor Laws ,
Stop Work Orders ,
Wage and Hour ,
WARN Act