New Jersey: State WARN Act Rules Expanded For Mass Layoffs

APPLIES TO

Employers with 100+ NJ Employees

EFFECTIVE

July 19, 2020

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With COVID-19 sweeping the country and the world, businesses may suffer. For New Jersey employers with 100 or more employees, the rules for large reductions in force just got more strict. SB 3170 makes the following significant changes to the Millville Dallas Airmotive Plant Job Loss Notification Act (NJ WARN Act):

  • The rules apply to employers with 100+ employees, regardless of full-time status or seniority.
  • The rules apply to termination of 50+ employees, regardless of full-time status, seniority, or location within the state.
  • Employers must provide 90 days’ advance notice to employees.
  • If the required advance notice is given, employers must pay terminated employees one week of severance pay for each year of employment. If the required advance notice is not given, employers must pay an additional four weeks of severance.
  • Employees can’t waive their right to severance without court or state agency approval. If employers are seeking a release of claims in exchange for severance, they will need to offer more consideration than what is already required under the NJ WARN Act.

Employers should be evaluating their finances for compliance with the NJ WARN Act if they suspect a need to conduct a reduction in force.

Action Items

  1. Review the text of the bill here.
  2. Review any potential reduction in force early with legal counsel.
  3. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2020 ManagEase

New Jersey: New Employer Rules and Penalties for Employee Misclassification

APPLIES TO

All Employers with NJ Employees

EFFECTIVE

As Indicated

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New Jersey recently enacted several new laws to combat misclassification of independent contractors. Key points are summarized below.

  • JAN 20, 2020 | A5838 allows the Labor Commissioner to issue a stop-work order to any business in violation of wage, benefit, or tax laws. Following seven days’ advance notice, affected worksites will be required to close until the Commissioner releases them. Violation of the order can result in an additional $5,000 penalty per day.
  • JAN 20, 2020 | A5839 increases penalties for misclassification of employees as independent contractors. Now, the Labor Commissioner can assess up to $250 per misclassified employee as an “administrative misclassification penalty” for first time violations, and up to $1,000 per employee for subsequent violations, in addition to other statutory penalties. Employers may also have to pay a fine of up to 5 percent of the worker’s gross earnings over the most recent 12 months to benefit misclassified workers, which could either be held in trust by the Commissioner or paid directly to the worker.

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New Jersey: Wage Statement Requirements Amended

APPLIES TO

All Employers with 10+ NJ Employees

EFFECTIVE

May 20, 2020

QUESTIONS?

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(888) 378-2456

Senate Bill 1791 amends the Wage Payment Law (WPL) to require employers of New Jersey employees to provide additional information on wage statements. Where the WPL previously required employers to provide a statement of deductions only, the amended law requires private and public employers of more than ten employees to include the following information on wage statements:

  • Rate of pay
  • Gross wages
  • Net wages
  • Number of hours worked during the pay period (if relevant to wage calculation)

Wage statements may be distributed electronically, unless an employee requests to receive their wage statements on paper.

Action Items

  1. Review wage statements provided to employees to ensure the required information is included.
  2. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2020 ManagEase

New Jersey: Job-Protected Organ and Bone Marrow Donor Leave Coming Soon

APPLIES TO

All Employers with NJ Employees

EFFECTIVE

May 20, 2020

QUESTIONS?

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(888) 378-2456

New Jersey’s Temporary Disability Benefits Law (TDBL) has been amended to provide employees who are disabled as a result of donating organs or bone marrow with job-protected leave. This amendment provides specific benefits for organ and bone marrow donors that do not apply to other TDB recipients.

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Pennsylvania: New Overtime Rule Increases Exempt Salary Threshold

APPLIES TO

All Employers with PA Employees

EFFECTIVE

Pending

QUESTIONS?

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(888) 378-2456

On January 31, 2020, Pennsylvania’s Independent Regulatory Review Commission approved a final regulation that increases the exempt salary threshold, extending overtime eligibility to more workers. The final regulation includes annual increases in 2021 and 2022, with adjustments following every three years thereafter. The regulation will formally go into effect once approved by the state Attorney General.

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March Updates

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

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(888) 378-2456

This Short List addresses the following topics:
  1. Second Circuit: ERISA Plans Can Be Modified Absent Fraud or Mistake
  2. 10th Circuit: Colorado Home Healthcare Workers are Not Entitled to Overtime
  3. California: Wage and Hour Concerns for Coronavirus
  4. California:  Emergency Wildfire Smoke Regulations Renewed Again
  5. Denver, CO: Anti-Discrimination Protections Expanded
  6. District of Columbia: Notice Requirements for Paid Family Leave
  7. Illinois: Guidance Issued on Sexual Harassment Requirements
  8. Minneapolis, MN: Local Minimum Wage Law is Given a Green Light
  9. St. Louis, MO: Ban-the-Box in Effect for Private Employers
  10. New Mexico: Workers’ Comp Claim Doesn’t Apply to Tribal Casino
  11. New York: Statewide Salary History Ban FAQs
  12. New York City, NY: Contractors/Freelancers Must Receive Anti-Harassment and Discrimination Protection & Training
  13. Philadelphia, PA: Salary History Inquiry Ban is Back in Effect
  14. Columbia, SC: Criminal and Salary History Ordinance No Longer Applies to Private Employers

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