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New Jersey: Final Regulations for Statewide Paid Sick Leave Now Available

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January 6, 2020

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The New Jersey Department of Labor and Workforce Development recently released a 53-page document providing final regulations and enforcement guidance on the statewide Earned Sick Leave Law (ESLL).  The final regulations do not make any substantive changes to the ESLL, but rather provide responses and clarification to concerns expressed during the public comment period of the proposed regulations.

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February Updates

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Varies

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This Short List addresses the following topics:
  1. IRS Mileage Rates for 2020
  2. Fair Chance Act Now Applies to Federal Contractors and Agencies
  3. ACA “Cadillac Tax” Repealed
  4. California: Employer Fails to Provide Legal Business Name on Wage Statement
  5. Michigan: Paid Sick Leave and Minimum Wage Update
  6. New Jersey: Medical Marijuana is a Reimbursable Medical Expense
  7. New York: Tipped Workers in Some Industries Must Soon be Paid Full Minimum Wage
  8. New York: Companies Must Report Number of Women on Boards of Directors
  9. New York: Farm Laborers Fair Labor Practices Act on Temporary Hold

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Third Circuit: Third Party Bonuses May Be Factored into the Regular Rate

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August 20, 2019

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In Department of Labor v. Bristol Excavating, Inc., the Third Circuit Court of Appeal stated that third-party bonuses may be required to be factored in the regular hourly rate for purposes of calculating overtime. The court said that the determinative factor is the agreement of “remuneration for employment” between the employer and employee, which must be reviewed on a case-by-case basis.

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New Jersey: Statewide Salary History Inquiry Ban Implemented, with a Few Twists

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All Employers with NJ Employees

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January 1, 2020

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Like Illinois, New Jersey recently jumped into the pool of states implementing legislation banning salary history inquiries.  Beginning January 1, 2020, Bill A1094 will prohibit employers from inquiring into an applicant’s prior salary history (including wages, salary, or benefits), or screen applicants for a job based on a minimum or maximum salary threshold, except under certain circumstances.

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New Jersey: Wage Theft Law Substantially Expands Wage and Hour Laws

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All Employers with NJ Employees

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August 6, 2019, unless otherwise noted

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New Jersey recently enacted the Wage Theft Law, imposing new notice requirements on employers and substantially expanding potential individual, joint and successor liability for employers and officers/agents.

Notice Requirement.  The Department of Labor and Workforce Development will release a statement concerning employees’ rights under the New Jersey wage and hour laws.  Employers must provide this statement to all current employees and new employees at time of hire.

Failure to Maintain Records.  Employers who fail to produce records as required under wage and hour law face a rebuttable presumption that any allegations concerning the time and number of hours related to a wage and hour claim are true.  Similarly, failure to present records in criminal proceedings creates the assumption the allegations are true unless the employer demonstrates good cause for the failure.

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October Updates

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This Short List addresses the following topics:
  1. OFCCP Releases new FAQs on Independent Contractors, Compliance Evaluations, and AAP
  2. Ninth Circuit: ERISA Claims May be Arbitrated
  3. California: PAGA-only Claims May Not Seek Unpaid Wages
  4. Petaluma, CA: Minimum Wage Increases on January 1, 2020
  5. Colorado: Courts Are Not Required to Blue Pencil Noncompetition and Nonsolicitation Agreements
  6. Massachusetts: Counting 1099-MISC Workers for Paid Family Medical Leave
  7. New Jersey: Hairstyles are Protected under the Law Against Discrimination
  8. Bernalillo County, NM: Enacts Wellness Act
  9. New York: Hairstyles are Protected under the State Human Rights Law
  10. Toledo, Ohio: Salary History Inquiries Banned
  11. South Carolina: State Supreme Court Abolishes Common Law Marriage
  12. Dallas and San Antonio, TX: Paid Sick Leave Update

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New Jersey: Adds Protections to Medical Marijuana Use by Employees

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All Employers with NJ Employees

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July 2, 2019

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As of July 2, 2019, the Compassionate Use Medical Cannabis Act now prohibits employers from taking any adverse employment action against a qualified employee based solely on the employee’s status as a registered medical marijuana user. The law applies to employees who have been authorized by a healthcare provider to use medical marijuana, and are registered as such with the state. Additionally, employees have the right to explain drug test results and the employer must provide written notice of their right to explain.

The Act now makes clear that employers can prohibit possession or use of marijuana during work hours or on the premises of the workplace outside of work hours. Additionally, the Act does not require an employer to take action that would cause the employer to be in violation of federal law, lose a licensing-related benefit, or lose a federal contract or funding.

Action Items

  1. Have employment handbooks and substance abuse policies updated consistent with the new law.
  2. Update drug testing procedures for notice requirements and protections.
  3. Have managers trained on recognizing signs of impairment and how to handle workplace substance abuse.
  4. 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.

© 2019 ManagEase

New Jersey: Commuters, Rejoice – Certain Employers to Provide Transportation Tax Benefit

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All Employers with 20 or more NJ Employees

EFFECTIVE

Pending; See Below

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Senate Bill 1567 was signed into law on March 1, 2019, and requires covered employers to provide pre-tax transportation fringe benefits to employees.  With the new law, employees will be able to set aside and utilize a pre-tax portion of their wages for specified transportation services.  This requirement goes into effect either March 1, 2020, or the effective date of rules and regulations adopted by the Commission of Labor and Workforce Development (CLWD), whichever is earlier.

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June Updates

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This Short List addresses the following topics:
  1. U.S. Supreme Court: Title VII Claims to the EEOC are Merely Procedural and Not Jurisdictional to Courts
  2. U.S. Supreme Court: State Wage and Hour Rules Don’t Apply to Workers on the Outer Continental Shelf
  3. DOL Issued Updated Poster for Federal Contractors and Subcontractors
  4. California: July 1st REMINDERS for Employers
  5. Emeryville, CA: July 1st Minimum Wage Increase Paused for Small Independent Restaurants
  6. Colorado: Wage Garnishment Reform on the Horizon
  7. Connecticut: Minimum Wage Increasing to $15 an Hour
  8. Minneapolis, MN: Sick and Safe Time Rule Is Still Up in the Air
  9. Kansas City, MO: Bans Pre-Employment Salary History Inquiries
  10. Nevada: Mandatory Safety Training Expanded to Trade Show and Convention Workers
  11. New Jersey: Required Workplace Postings Receive an Update
  12. Texas: Dallas and San Antonio Paid Sick Leave Set to Go into Effect August 1st

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