Compensation Solutions Blog
Human Resources Outsourcing (HRO PEO ASO)
New Jersey State Supreme Court Limits LAD Over-Seventy Exemption
The New Jersey Law Against Discrimination (LAD) prohibits discrimination in employment on the basis of age. An exception to this is that the LAD does allow employers to refuse to hire or promote people over the age of 70. The State Supreme Court recently drew an important distinction in the rule, however, by holding that [...]
New Jersey Updates Required Wage and Hour Poster
The New Jersey Department of Labor (NJDOL) has issued an updated MW-17 Wage Payment poster that all New Jersey employers must conspicuously post in the workplace by July 13, 2010. The new poster is intended to comply with recent amendments to the state’s wage payment law. The notice can be found at http://lwd.dol.state.nj.us/labor/forms_pdfs/lsse/mw-17.pdf, and the Spanish [...]
Very Little Movement on Legislation Banning Credit Checks
In March 2010 we reported that many states and the federal government are considering legislation that would ban the use of credit checks in the employee screening process (“State and Federal Governments Consider Ban on Credit Checks for Most Applicants”). To date, there has been very little movement. Oregon enacted a law earlier in March, [...]
Federal Employee Misclassification Protection Legislation Introduced
Late last week, Ohio Senator Sherrod Brown introduced the Employee Misclassification Protection Act (EMPA), which would prevent and penalize workers from misclassifying workers as independent contractors, and provide those workers with the protections and benefits they would have earned. The legislation would amend the Fair Labor Standards Act and the Social Security Act.
Employers would be [...]
NJ Governor Introduces Plan to Mitigate UI Burden on Businesses
We reported last week that an unemployment tax is scheduled to be levied on NJ businesses as a result of the underfunding of the state’s unemployment insurance fund. To relieve New Jersey businesses from the burden created by this situation, Governor Christie unveiled a plan to substantially reduce the tax burden on businesses, but would [...]
Independent Contractor’s Attempt to Collect Unemployment Prompts Audit, Penalties
Think you can fly under the radar for misclassifying employees? Information can come to light in a variety of interesting and unforeseen ways. An independent contractor at a New Jersey company filed for unemployment after her assignment ended. Her attempt to do so raised a red flag at the New Jersey Department of Labor and [...]
New Jersey Imposes Harsh Penalties on Repeat Wage and Hour Offenders
Governor Chris Christie signed a law which imposes harsh penalties on employers who repeatedly violate the state’s wage and hour laws, particularly the suspension of revocation of licenses to do business in the state. The act will take effect on or about July 13, 2010, but the state commissioner of Labor and Workforce Development can [...]
NJ Court Expands Definition of Sexual Harassment
The New Jersey State Superior Court has ruled that a business owner who has refused to do business with another owner because she rejected his sexual advances constitutes quid pro quo sexual harassment under New Jersey state statutes.
In J.T.’s Tire Service, Inc. v. United Rentals of North America, Inc., 2010 N.J. Super Lexis 2 (App. [...]
N.J. Gov. Christie Signs Executive Orders Regarding Red Tape
As the first order of business in his administration, Gov. Chris Christie of New Jersey signed two Executive Orders. The first one freezes over 50 proposed rules for 90 days, to give them time to be reviewed by a “Red Tape Review Group,” which is the subject of Executive Order No. 3.
The Red Tape Review [...]
New Jersey Implements Mandatory CLE for Licensed Attorneys
Effective immediately, the New Jersey Supreme Court is mandating continuing legal education (CLE) credits for all licensed attorneys practicing in the state. Court Rule 1:4-2 requires the completion of 24 CLE credits within a two-year period, and must include 4 hours of ethics and/or professional behavior.