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

APPLIES TO

All Employers with NJ Employees

EFFECTIVE

August 6, 2019, unless otherwise noted

QUESTIONS?

Contact HR On-Call

(888) 378-2456

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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Minnesota: New Wage Theft Prevention Bill Greatly Expands Employer Responsibilities – And Potential Penalties

APPLIES TO

All Employers of MN Employees

EFFECTIVE

July 1, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Jobs and Economic Development Omnibus bill (the Bill), recently passed by the Minnesota Legislature and signed by Governor Walz, impresses upon employers new wage-paying requirements.  The Bill incorporates new timing, notice, and recordkeeping obligations for employers, and greatly expands civil and criminal enforcement of wage payments. Employers should note the following key provisions:

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Colorado: Employers Can Face Potential Criminal Charges for Wage Violations

APPLIES TO

All FLSA Employers with CO Employees

EFFECTIVE

January 1, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Employers who commit wage theft may be subject to increased penalties mandated in Colorado’s criminal theft statute, because HB19-1267 recently redefined “wage theft” as “criminal theft.” Specifically, willfully refusing to pay wages or falsely denying the amount of a wage claim is considered misdemeanor petty theft. If the wage amount is over $2,000, the violation is felony theft. By treating wage theft as a criminal act, employer fines (currently at $300 for failure to pay wages, or $500 for failure to pay minimum wage) could range from $50 to $1 million, depending on the circumstances of the crime.  This bill applies to all employers who are subject to the Fair Labor Standards Act (FLSA).

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Philadelphia Updates: No More Credit Checks; New Wage Theft Prevention Law

APPLIES TO

All Employers with Philadelphia, PA Employees

EFFECTIVE

Varies; See below

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Philadelphia has recently implemented two new ordinances affecting employers: (1) an expansion of the obligations under the current anti-wage theft ordinance, and (2) the prohibition of credit checks and credit-related information when making employment decisions.