Non-Disparagement Settlements in New Jersey, DOL's AI Guidelines, OSHA Regions Shift - Employment Law This Week®
In a decision with significant implications for employers and employees alike, the New Jersey Supreme Court on March 17, 2025, clarified that commissions constitute wages under the New Jersey Wage Payment Law (“NJWPL”)....more
On March 17, 2025, the New Jersey Supreme Court ruled that commissions are considered “wages” under the New Jersey Wage Payment Law (“NJWPL”). This critical decision clarifies that commissions are direct monetary compensation...more
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
In a ruling that should command the attention of all employers in New Jersey who employ and pay commission-based salespersons, the New Jersey Supreme Court has held that commissions are wages under the New Jersey Wage Payment...more
In June 2024 I wrote this article discussing in-depth the case of Musker v. Succhi, et al., and the implications the Appellate Division’s ruling had for wage disputes regarding sales commissions. As a reminder, the plaintiff...more
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 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
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
The New Jersey Supreme Court has ruled that amendments to the state’s wage and hour laws passed in 2019 cannot be applied retroactively. As a result, the provisions in the amendments — including imposition of liquidated...more
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
In 2019, the New Jersey Legislature beefed up the wage-hour law by expanding the statute of limitations from two years to six years and implementing a liquidated damages provision, by which wages due could be doubled or...more
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
In New Jersey, multiple tests have been applied in workers' compensation cases to determine whether a claimant is eligible for compensation as an employee or ineligible as an independent contractor including: - The...more
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
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
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