Compensation Solutions Blog
Human Resources Outsourcing (HRO – PEO – ASO – Payroll – Agency)
Is the Use of Confidential Company Documents to Pursue a Discrimination Claim Protected Activity in New Jersey? NJ Supreme Court Weighs In
In Quinlan v. Curtiss-Wright Corp., No. A-51-09 (N.J. Sup. Ct., December 2, 2010) – The New Jersey Supreme Court recently announced the test for determining whether, and to what extent, an employee who copies and discloses an employer’s otherwise confidential documents for use in prosecuting a discrimination case against the employer has engaged in protected [...]
New Jersey Applies New Fair Pay Act Standard
In Alexander v. Seton Hall Univ., No. A-87-09 (N.J. Sup. Ct., November 23, 2010), the New Jersey Supreme Court refused to apply the U.S. Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007) to wage claims under the New Jersey Law Against Discrimination (LAD), holding that it no longer [...]
New Jersey Updates Rules on Timekeeping
The New Jersey Department of Labor and Workforce Development revised its Wage and Hour rules and adopted a new rule on the use of time clocks and “rounding” practices to mirror federal requirements. The rule states that time clocks are not required; however, when used, employees who come in before the regular start time or remain [...]
New Jersey Halves Family Leave Insurance Payroll Deductions, Weekly Benefit for 2011
The State of New Jersey has cut in half its employee contribution to the New Jersey Family Leave Insurance (NJFLI) fund. The contribution rate this year was 0.12% of taxable wages, but it will be cut to .06% beginning in January. The maximum tax amount a worker paid into the program was $35.64 for 2010, [...]
New Jersey Voters Ban Raids on State Funds
This past Tuesday, November 2, 2010, voters in New Jersey overwhelmingly voted in favor of a constitutional amendment preventing the State from raiding the unemployment, disability and other state funds to finance other initiatives. A total of $5.4 billion has been diverted from these funds between 1992 and 2007, most of it used to reimburse [...]
New Jersey Bans Ice and Snow on Moving Vehicles
Effective October 20, all New Jersey motorists are required to make all reasonable efforts to remove all ice and snow from their vehicles before taking them out on the road. Fines for failure to do so will range between $25.00 and $75.00. If the failure to remove the ice and snow results in injury or property damage, [...]
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 [...]