April 1st, 2020 | Written by Sharon M. Flynn, Esq.
On March 10, 2020, the New Jersey Supreme Court in Wild v. Carriage Funeral Holdings, Inc., et al., (A-91-18) (082836), affirmed that a medical cannabis patient can assert a claim for employment discrimination under the New Jersey Law Against Discrimination (NJLAD) for an adverse employment action based on an employee’s off-site medical cannabis use.
March 30th, 2020 | Written by Leslie A. Parikh, Esq.
On March 27, 2020, President Trump signed the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”), a roughly $2 trillion stimulus measure that includes payments to millions of Americans in need of assistance, support for the health care system, unemployment benefit expansions, and loans to struggling businesses. Below are some highlights of the Act that we expect employers will want to know.
March 20th, 2020 | Written by Leslie A. Parikh, Esq.
On March 18, 2020, the federal Families First Coronavirus Response Act (FFCRA) was signed into law. The FFCRA contains two separate acts that provide paid leave for absences resulting from coronavirus (COVID-19): the Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act.
March 19th, 2020 | Written by Leslie A. Parikh, Esq.
The widespread closure of businesses, potential short-term and long-term unemployment, reduced hours, and leave considerations have left New Jersey employers scrambling to find answers in connection with how to address leave time in light of the pandemic.
March 17th, 2020 | Written by Leslie A. Parikh, Esq.
In the wake of the coronavirus pandemic, employers are facing overwhelming questions regarding employer obligations, complying with government directives, and paid time off.
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.
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.
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.
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.
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.