Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: May 16, 2016
The Firm
201-896-4100 info@sh-law.comAs most entrepreneurs quickly learn, launching a new business can be both an exciting and daunting adventure. Many new business owners are overwhelmed by the numerous legal obligations that come with running a business, particularly when it comes to employment laws. One of the most common areas of concern is employee wages and benefits.
Federal and state laws establish the minimum wage every worker is entitled to receive. They also identify which workers are entitled to receive overtime pay for working longer hours. Those who must be paid overtime for all hours worked in excess of 40 in a workweek are referred to as being “non-exempt.” The U.S. Department of Labor has advised that workers are presumed to be employees and entitled to minimum wage and overtime. There are limited exceptions where overtime is not required (the “white collar” exemptions, for example), but the rules for exemptions must be studied carefully and properly applied.

At the federal level, the Fair Labor Standards Act (FLSA) prescribes the standards for wages and overtime pay that affect most private employers. Employers need to comply with federal AND state wage laws, it is imperative that new businesses also receive guidance on the requirements under their state law. For instance, New York employers must be aware of recent changes to the state’s minimum wage. Further, there is no such thing as an exemption for being “salaried” without meeting the “duties tests” that must be satisfied for the exemption.
Employers must establish the seven day “work week” during which all time worked must be measured and recorded and set the “rate of pay” for the first 40 hours and the “time and one-half” overtime rate. If an employer does not keep proper time and pay records, the law will credit whatever the employee claims.
Common wage law mistakes that can lead to liability include:
While the decision to offer benefits is voluntary, employers should note that many of these benefits are subject to state and federal laws.
Other than worker’s compensation, unemployment compensation and disability under New Jersey law, the law does not generally require an employer to offer fringe benefits. Federal law mandates some employee benefits such as leave under the Family Medical Leave Act (New Jersey has a paid Family Leave benefit). Otherwise, it is the employer that determines whether to offer most other benefits, such as health insurance, dental insurance, retirement plans, etc. Paid time off such as holiday and vacation are also employee benefits determined by the employer.
While the decision to offer benefits is voluntary, employers should note that many of these benefits are subject to state and federal laws. For instance, the Employee Retirement Income Security Act of 1974 (ERISA) requires employers to provide plan participants with written notification of the most important facts they need to know about their retirement and health benefit plans including plan rules, financial information, and documents on the operation and management of the plan.
Mistakes made with respect to wages and benefit plans can lead to costly lawsuits. Therefore, it is important to consult with an experienced employment law attorney to ensure your new business is in compliance with all applicable laws.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]
Author: Sean M. Pena

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]
Author: Sean M. Pena

When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]
Author: John D. Giampolo

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]
Author: George McGowan

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]
Author: Marc J. Comer

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]
Author: George McGowan
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!