As we previously wrote about, in 2019, New Jersey enacted amendments to its wage and hour laws that, among other things, significantly expanded the statute of limitations and remedies available to plaintiffs. Specifically, New Jersey increased the statute of limitations for wage and hour claims from two years to six years. The amendments also provided that employees who recover
On February 21, 2023, the National Labor Relations Board (“NLRB”) issued a significant, but not surprising, decision in McLaren Macomb that negatively impacts the right of employers to include confidentiality and non-disparagement provisions in severance agreements with most employees. Even though NLRB matters typically involve union employers, the NLRB does have jurisdiction over non-union workplaces, so all employers should take
Employee claims present one of the most significant potential liabilities a business may face. Most employment laws impose personal liability on business owners and decisions makers, so business owners are not protected by the corporate form of their business entity. Many employment laws also provide for attorney fee shifting in favor of prevailing plaintiffs, which can significantly increase the potential
On January 10, 2023, New Jersey Governor Phil Murphy, signed into law legislation that makes the 2020 amendments to New Jersey’s mini-WARN Act become effective on April 10, 2023. The amendments were originally scheduled to take effect in July 2020, but were delayed due to the COVID-19 pandemic and New Jersey’s related state of emergency (which still remains in effect).
New York finished out 2022 by enacting a number of laws that employers in the state must be aware of and comply with entering 2023. The new laws cover matters such as lactation breaks, employment discrimination, workplace posters, and job advertisements. We have highlighted the requirements and effective dates of the new laws below.Workplace PostersAs of December 16, 2022, employers
As we remind our readers each year, as year-end approaches, business owners need to remain mindful of their year-end human resources compliance obligations and prepare for upcoming minimum wage increases.Minimum Wage IncreasesNew JerseyEffective January 1, 2023, the New Jersey minimum wage will increase from $13 to $14.13 an hour for most employers. Seasonal and employers with less than six employees will
Starting on November 1, 2022, New York City is lifting its vaccine mandate that required all employers with workplaces in the City to obtain proof of vaccination for all of its employees. Our previous post on the NYC vaccine mandate can be found here.Although New York City is lifting the mandate, the City is encouraging New York City businesses
With the election upcoming on November 8, 2022, New York employers need to make sure they are complying with their obligations under the New York State Election Law concerning employee time off to vote.In New York, registered voters are entitled to up to two hours of paid time off, at either the start or end of their shift, to vote
As we previously posted, New Jersey’s Cannabis Regulatory Enforcement Assistance and Modernization Act created significant protections for employees who use recreational cannabis products. More specifically, the Act prohibits employers from taking an adverse action against an employee based solely upon a positive drug test for marijuana; instead requiring that a “Certified Workplace Impairment Recognition Expert” also determine the employee
On August 1, 2022, the New Jersey Division on Civil Rights (DCR), released updated workplace posters for the New Jersey Law Against Discrimination (NJLAD) and the New Jersey Family Leave Act (NJFLA). The updated posters can be found here and here, respectively. The posters are required to be displayed “in places easily visible” to those the laws protect.The DCR