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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

Jan 28, 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

Dec 13, 2018

Employers Face Increased Cybersecurity Obligations

The Pennsylvania Supreme Court recently decided a case that may increase an employer’s cybersecurity obligations for electronically stored employee information.  In Dittman v. University of Pittsburgh Medical Center (UPMC), a class of UPMC employees filed a negligence action alleging that UPMC breached a duty of reasonable care by not protecting their electronically stored information.   » Read More

Apr 19, 2018

Recent Changes to Pennsylvania’s Medical Marijuana Law

As Pennsylvania employers are well aware, medical marijuana has been available at state-approved dispensaries since February of 2018.  To date, more than 11,000 Pennsylvanians have been certified by state-approved physicians as having a qualifying medical condition. » 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

Apr 20, 2017

Could Comp Time be Coming to the Private Sector?

Regular readers of this blog and attendees of this month’s Lunch and Learn Seminar 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

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