News & Analysis as of

Employer Liability Issues State Labor Laws NJ Supreme Court

Ogletree, Deakins, Nash, Smoak & Stewart,...

Commissions Are ‘Wages’ Under the New Jersey Wage Payment Law, New Jersey Supreme Court Rules

On March 17, 2025, the Supreme Court of New Jersey held that “commissions” must be considered “wages” under the New Jersey Wage Payment Law (WPL) and cannot be excluded as “supplementary incentives” because they are tied to...more

Epstein Becker & Green

New Jersey Wage Theft Act Does Not Apply Retroactively, Per the State Supreme Court

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On May 15, 2024, the New Jersey Supreme Court held in Maia v. IEW Construction Group that both the six-year look-back period and liquidated damages provided by the state Wage Theft Act (WTA) do not apply retroactively....more

Seyfarth Shaw LLP

New Jersey Supreme Court Clarifies that Amendments to Wage Payment Law and Wage and Hour Law Are Prospective

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Seyfarth Synopsis: The New Jersey Supreme Court held that amendments to New Jersey’s Wage and Hour Law and Wage Payment Law that increase employer wage-hour liability are not retroactive....more

Epstein Becker & Green

Non-Disparagement Settlements in New Jersey, DOL's AI Guidelines, OSHA Regions Shift - Employment Law This Week®

Epstein Becker & Green on

This week, we’re highlighting recent updates across the state and federal employment landscapes, including the New Jersey Supreme Court’s non-disparagement ruling, the U.S. Department of Labor’s (DOL’s) new artificial...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Supreme Court Declares Non-Disparagement Provisions ‘Impermissible’ When Used to Silence Victims Under NJLAD

On May 7, 2024, the Supreme Court of New Jersey invalidated an otherwise valid settlement agreement solely because the agreement contained a “non-disparagement provision,” the scope of which the court found “would bar...more

Chartwell Law

New Jersey Supreme Court Clarifies Definition of "Employee"

Chartwell Law on

One of the most deceptively complex issues in New Jersey workers’ compensation is the definition of an employee. This designation is critical because only employees, as opposed to independent contractors, are eligible for...more

Littler

New Jersey High Court Says Separate Corporate Structure Not Enough to Establish Independent Contractor Status

Littler on

On August 2, 2022, the Supreme Court of New Jersey handed down a key ruling that significantly impacts how companies across the state should classify workers as independent contractors. In East Bay Drywall, LLC. v. Department...more

Saiber LLC

NJ Supreme Court Reaffirms Pregnant Employees' Rights to Accommodations

Saiber LLC on

At a time when vaccinations are on everyone’s mind, the New Jersey Supreme Court has given a shot in the arm to New Jersey pregnancy discrimination laws.  In Delanoy v. Township of Ocean, 2021 N.J. LEXIS 176 (Mar. 9, 2021),...more

Carlton Fields

NJ Supreme Court Finds State Arbitration Law Applies to FAA-Exempt Workers

Carlton Fields on

The New Jersey Supreme Court issued a combined opinion in two cases arising from arbitration agreements in employment contracts. The plaintiffs in the respective cases claimed they fell within section 1 of the Federal...more

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