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Feb 15, 2019

New Jersey’s Legislature Continues to Alter Employment Law Landscape

While New Jersey has long been considered progressive in preserving and protecting the employment rights of its citizens (see last year’s Pay Equity and Paid Sick Leave Laws), current activity in the Legislature and Governor’s office relating to laws impacting the workplace is at an all-time high. » Read More

Jan 29, 2019

NLRB Reinstates Employer-Friendly Independent Contractor Standard

On January 25, 2019, the National Labor Relations Board (“Board”), reinstated a long-standing independent contractor standard.  This standard strengthens an employer’s ability to classify franchisees as independent contractors, or as employees exempt from the National Labor Relations Act.  » Read More

Apr 03, 2018

Employee’s Voluntary Resignation Does Not Necessarily Result in Disqualification for Unemployment Benefits

On March 29, 2018, the Appellate Division in Cottman v. Board of Review ruled that an employee who voluntarily quits when faced with the imminent threat of termination may nevertheless be eligible for unemployment benefits.

Cottman, who worked the overnight shift (11:00 p.m. » Read More

Oct 12, 2017

Do You Know The ABC’s About Independent Contractors?

Recently, New Jersey’s Appellate Division once again addressed the test used to determine whether a person is an employee or an independent contractor.  The plaintiff in Garden State Fireworks Inc. v. NJ Dept. of Labor, A-1581-15T2 (N.J. App. Div. September 29, 2017), manufactures and sells fireworks and facilitates fireworks shows.  » Read More

Apr 20, 2017

Could Comp Time be Coming to the Private Sector?

Regular readers of this blog know that compensatory time off, A.K.A. comp time, is a top wage and hour myth to private sector employers.  For more than 30 years, non-exempt public sector employees have been able to accept comp time instead of receiving overtime pay for hours worked in excess of 40 in a workweek.  » Read More

Mar 10, 2017

Dispelling the 10 Biggest Wage and Hour Myths

On what seems like a daily basis, I receive a phone call from a client or prospective client who is confused about some aspect of wage and hour law.  Myths and urban legends abound in this area of the law.  Passed on from person to person and company to company, the more they are repeated, the more believable they become.  » Read More