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Majors Law Firm P.C.

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What Employers Need to Know About the New Overtime Salary Threshold

October 10th, 2019 | Written by Leslie A. Parikh, Esq.

The Federal Fair Labor Standards Act (“FLSA”) determines whether employees are eligible (non-exempt) or exempt from overtime requirements. Generally, the FLSA looks to either an employee’s work responsibilities or rate of pay in order to designate an employee as exempt or non-exempt from overtime. Exempt employees are not eligible for overtime for hours worked in excess of 40 hours per work week. Non-exempt employees must be paid overtime at a rate of time and a half for time worked in excess of 40 hours in any one work week. On September 24, 2019, the Department of Labor increased the minimum salary threshold for white-collar exemptions, which will go from $450 a week to $684 a week ($35,568 a year). The rule goes into effect January 1, 2020.

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Wage Theft Act – the Latest Law Impacting Employers in NJ

August 21st, 2019 | Written by Leslie A. Parikh, Esq.

The New Jersey Wage Theft Act (WTA) is the most recent legislation following on the heels of several other laws significantly impacting New Jersey employers.  The legislation was passed on August 6, 2019 and will toughen penalties for an employer’s failure to pay wages owed to workers. The law applies to traditional wage and hour violations such as the failure to pay minimum wage, failure to pay overtime, etc., and it also extends to employee benefits. 

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Employers: Asking Job Candidates About Salary History Will Soon Be Illegal in NJ

August 9th, 2019 | Written by Leslie A. Parikh, Esq.

With the signing of Bill A1094 into law on July 25, 2019, New Jersey has followed in the footsteps of several other states by prohibiting employers from inquiring about job applicants’ prior earning history. The new law goes into effect on January 1, 2020, and pertains not only to wages, but also other employment-related compensation and benefits.

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New Jersey’s Expanded Medical Marijuana Law Presents Serious Implications for Employers

July 9th, 2019 | Written by Leslie A. Parikh, Esq.

New Jersey’s marijuana legislation has been in a constant state of flux for more than a year. Prior to July 2, 2019, New Jersey’s medical marijuana law allowed individuals who received a valid recommendation from a physician to purchase, possess and consume cannabis, but failed to provide any protection for medical marijuana users in the employment arena. In fact, the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:61-1, et seq. (CUMMA), specifically did not require an employer to accommodate a medical marijuana user. That all changed on July 2, 2019, when Governor Phil Murphy signed a bill that expanded the State’s medical marijuana program in significant ways.

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Governor Murphy Bans NDAs in Sexual Harassment and Discrimination Cases

March 20th, 2019 | Written by Leslie A. Parikh, Esq.

Effective March 18, 2019, New Jersey legislation now prevents employers from entering into non-disclosure/confidentiality agreements (NDAs) with employees who allege harassment in the workplace.  Prior to the passage of the new legislation, such agreements were commonplace in sexual abuse, harassment and discrimination settlements and required that accusers never reveal the details of the claim or the amount of money paid to settle the matter. The legislation was prompted in response to the #MeToo movement and several high-profile harassment cases that garnered significant media coverage.

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Governor Murphy Expands Family Leave Law

February 25th, 2019 | Written by Leslie A. Parikh, Esq.

On February 19, 2019, New Jersey Governor Phil Murphy signed legislation that significantly expands the existing NJ Family Leave Act (NJFLA), as well as the NJ Family Leave Insurance Law (NJFLI). The new law creates major changes, some of which employers must comply with by June 30, 2019.

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New Minimum Wage Passed in New Jersey

February 8th, 2019 | Written by Richard P. Cushing, Esq.

On Feb. 4, 2019, a new minimum wage law was passed that will eventually raise the minimum wage in NJ for most workers to $15.  For the first time the NJ minimum wage has been applied to municipalities and other government agencies. 

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NYC May Be Paving the Way for Employee Wellness with Its Proposed Legislation

January 18th, 2019 | Written by Leslie A. Parikh, Esq.

Newly proposed legislation by New York City Councilman Rafael Espinal, Jr., dubbed the “Right to Disconnect” bill, will essentially make it unlawful for employers to require their employees to respond to e-mails, phone calls, text messages or any other type of work-related communication once their normal working hours end. The bill, as proposed, would affect employers with ten (10) employees or more and would make it illegal for employers to retaliate against employees if they choose not to respond to after-hours communications.

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Background Checks and Job Offers: Recent Court Ruling That Employers Need to Know

October 5th, 2018 | Written by Leslie A. Parikh, Esq.

Employers beware…if you intend to revoke an offer of employment based on information obtained from a background check, you must first provide a copy of the background check report to the job applicant. Otherwise, the applicant will have the option to sue you under the Fair Credit Reporting Act (FCRA), according to a ruling that was affirmed by the United States Court of Appeals for the Third Circuit on Sept. 10, 2018.

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NJ Legislature Approves Mandated Sick Leave for All Employees

April 26th, 2018 | Written by Leslie A. Parikh, Esq.

On April 12, 2018, the New Jersey legislature passed a law mandating all employers to pay employees for sick leave, regardless of the size of the employer or the employee’s status as full-time, part-time, or temporary.

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