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.
The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]
Author: Brian D. Spector
Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]
Author: Christopher D. Warren
*** The original article was featured on Bloomberg Tax, April 28, 2025 — As a tax attorney who spends much of my time helping people and companies who have large, unresolved issues with the IRS or one or more state tax departments, it often occurs to me that the best service that I can provide […]
Author: Scott H. Novak
On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]
Author: Matthew F. Mimnaugh
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
Author: Brittany P. Tarabour
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Author: Christopher D. Warren
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!