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The Department of Labor is expected to unveil its new overtime rules later this month. For New York and New Jersey employers, it is never too soon to start preparing for the new overtime rules. Existing Federal Overtime Laws Under the Fair Labor Standards Act, employees must receive overtime pay for hours worked in excess […]

Once your startup is ready to hire employees, it is important to do it right. A written employment contract is recommendable to establish and structure the legal relationship when it you start to hire employees. If artfully drawn, the contract helps to ensure that everyone is “on the same page” when it comes to the […]

Employers may want to double down their compliance efforts with regard to the New York City Human Rights Law. Mayor Bill DiBlasio recently signed two bills that will likely lead to increased enforcement.  As employers should be aware, New York City’s expansive Human Rights Law prohibits discrimination in employment, housing, and public accommodations based on […]

After many delays and prolonged anticipation, the Department of Labor (DOL) finally released hotly contested, proposed a new fiduciary rule, which would increase the number of plan service providers falling within the definition of “fiduciary.” If the new fiduciary rule is adopted, financial advisors will be subjected to significantly higher legal standards governing their retirement […]

Employers frequently adopt an employee handbook that, despite attempts to provide aspects that distinguish the effort as being personal to that employer, follow well-worn scripts reflecting “conventional wisdom.” Such reliance on well-worn text is being undermined by the recent actions of the National Labor Relations Board’s (NLRB) Office of the General Counsel which recently published […]

The New Jersey Department of Labor (NJDOL) recently released implementing regulations for the New Jersey Opportunity to Compete Act. As New Jersey employers should be aware, the state’s “ban the box” law took effect on March 1, 2015. Under the Opportunity to Compete Act, New Jersey employers are precluded from inquiring about job applicant’s criminal […]

All married couples in the United States will soon be able to enjoy the benefits of the Family and Medical Leave Act (FMLA). The U.S. Department of Labor recently issued a final rule that amends the definition of spouse to include all same-sex couples. “With our action today, we extend that promise that no matter […]

From stealing merchandise to inflating expenses, employee theft costs U.S. businesses billions of dollars every year. However, as evidenced by the recent lawsuit against Target, companies must proceed carefully when they address employee theft. As detailed in the media, a Pasadena mother has filed a wrongful death suit against Target, alleging that the retailer’s handling […]

The U.S. Supreme Court recently ruled that courts should apply traditional contract principles to determine whether retiree health benefits survive the expiration of a collective bargaining agreement (CBA). The decision in M&G Polymers v. Tackett expressly rejected the Sixth Circuit Court of Appeals’ long-standing decision in International Union, United Auto, Aerospace, & Agricultural Implement Workers […]

Year in Review: New Jersey Employment Law New Jersey employment law underwent many important changes over the past year. More importantly, many of the new laws will take effect in 2015. To ensure that your company has updated its policies and procedures accordingly, below is a brief summary: Banning the Box: This summer, Gov. Chris […]

NYC Employers: Does Your Sick Leave Policy Comply With the New Law? On April 1, 2014, the New York City Earned Sick Time Act took effect for businesses conducting operations in the five boroughs of New York City: Number of Employees  Amount of Sick Leave per Calendar Year Paid or Unpaid Sick Leave Rate of […]

The Equal Employment Opportunity Commission (EEOC) recently announced its enforcement trends for fiscal year 2014. The Performance and Accountability Report reveals that the number of charges filed dipped slightly, which the EEOC attributed to the lingering effects of sequestration and the government shutdown. Despite the fiscal challenges early in the year, the report notes that […]