New Jersey – Page 2

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

October 30, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers with NJ Employees

EFFECTIVE

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.

October Updates

October 30, 2019/0 Comments/in HR Alerts /by ManagEase

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Varies

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Varies

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This Short List addresses the following topics:

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

New Jersey: Adds Protections to Medical Marijuana Use by Employees

August 12, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers with NJ Employees

EFFECTIVE

July 2, 2019

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(888) 378-2456

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

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

August Updates

August 12, 2019/0 Comments/in HR Alerts /by ManagEase

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Varies

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(888) 378-2456

This Short List addresses the following topics:

EEO-1 Component 2 Reporting Resources Issued
IRS Announces 2020 Health Savings Account Limits
U.S. DOL Launches New Website for Wage Determination Data
Sixth Circuit: FLSA Coverage Implicated by Using Out-of-State Products
California: Sonoma, CA Minimum Wage Increases as of January 1, 2020
Nevada: No Sexual Harassment Confidentiality in Settlement Agreements
New Jersey: Discrimination Claim Does Not Require an Adverse Employment Action to Proceed
New Jersey: Hotel Employers Must Provide Panic Buttons for Employees
New Jersey: State Protections May Extend to Out-of-State Employees
New York: Farmworkers Win the Right to Collectively Bargain
Rhode Island: The Airline Deregulation Act Preempts State Sunday and Holiday Pay Laws
Washington: Obesity is a Protected Class by Itself

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

June 17, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers with 20 or more NJ Employees

EFFECTIVE

Pending; See Below

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(888) 378-2456

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.

June Updates

June 17, 2019/0 Comments/in HR Alerts /by ManagEase

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Varies

EFFECTIVE

Varies

QUESTIONS?

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(888) 378-2456

This Short List addresses the following topics:

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

New Jersey: Update Arbitration and Non-Disclosure Agreements Immediately!

April 11, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers with NJ Employees

EFFECTIVE

March 18, 2019

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(888) 378-2456

Recently enacted Senate Bill 121 prohibits nondisclosure agreements from concealing claims of discrimination, harassment, and retaliation. Interestingly, such terms are not enforceable against current or former employees, but they are enforceable against the employer, unless the employee discloses enough information to make the employer “reasonably identifiable.”

New Jersey: Equal Pay Act Reporting Requirements Revised for Public Works Employers

April 11, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers with NJ Employees Who Perform Public Works for NJ

EFFECTIVE

March 31, 2019

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(888) 378-2456

A recent revision made by the New Jersey Department of Labor (NJ DOL) clarified Equal Pay Act data reporting requirements. According to the NJ DOL, employers that provide services to public works for the state of New Jersey do not need to report equal pay data for all employees—just employees who perform the public work or provide qualifying services.

New Jersey: Medical Marijuana Protected from Workplace Discrimination

April 11, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers with NJ Employees

EFFECTIVE

March 27, 2019

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(888) 378-2456

In Wild v. Carriage Funeral Holdings, Inc., the New Jersey Court of Appeal stated that although the Compassionate Use Medical Marijuana Act does not prohibit discrimination for use of medical marijuana, the Law Against Discrimination (LAD) may. There, an employee used medical marijuana as part of his cancer treatment. While driving for work, the employee was struck by another vehicle that ran a stop sign. Although the emergency room treating physician did not observe the employee to be under the influence and did not perform a blood test noting that the employee had a medical marijuana card, the employer required a blood test before the employee could return to work and ultimately terminated him.

New Jersey: Expanded Family and SAFE Leave and Disability Benefits

March 7, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

Certain Employers with NJ Employees

EFFECTIVE

As Indicated

QUESTIONS?

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(888) 378-2456

The New Jersey Governor recently signed legislation to expand the New Jersey Family Leave Act, Temporary Disability Leave Act, and Security and Financial Empowerment (SAFE) Act. The following is a summary of key changes.

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