Total Articles: 25
Jackson Lewis P.C. • August 07, 2019
New Jersey’s Wage Theft Act (WTA) significantly enhances employer penalties under the state’s wage and hour laws by adding liquidated damages and providing extra protections for employee retaliation claims. In addition, the WTA makes client-employers and labor contractors jointly and severally liable “for any violations of the provisions of State wage and hour laws,” including those on retaliation. In fact, the WTA declares any waiver of its “joint and several liability” section “void and unenforceable.”
FordHarrison LLP • February 05, 2019
Effective July 1, 2019, New Jersey’s minimum wage will increase to $10.00 per hour from $8.85. After months of negotiations, on Monday, Governor Phil Murphy signed a bill to gradually raise the state minimum wage to $15.00 per hour by 2024.
Fisher Phillips • February 05, 2019
New Jersey has joined the ranks of California, New York, Massachusetts, and Washington D.C. in adopting legislation that will gradually increase the state’s minimum wage to $15 an hour for most employees. The legislature passed the bill on January 31, and Governor Phil Murphy signed it into law yesterday. Here’s what New Jersey employers should know about it.
Jackson Lewis P.C. • February 05, 2019
With its governor’s signature yesterday, New Jersey became the latest – and the third largest – state to pass a $15.00 per hour minimum wage bill. The only states with larger populations than New Jersey passing such $15 minimum wage bills are California and New York, which enacted similar laws in 2016 and 2017, respectively.
Littler Mendelson, P.C. • January 29, 2019
On Thursday, January 24, 2019, the New Jersey Assembly Labor Committee approved a bill (A 15) that, if passed by the legislature, would incrementally raise New Jersey’s minimum wage to $15 per hour for most workers by 2024. If effected, this bill will make New Jersey the fourth state in the nation to commit to a gradual minimum wage hike to $15, joining Massachusetts, California, and New York. While the bill still requires approval by both houses of the state legislature and signature by Governor Murphy, prospect of passage is high in light of Democratic control of both houses and the Governor’s stated support of the initiative.
Jackson Lewis P.C. • June 13, 2017
The New Jersey Legislature is considering a bill (S-3226; A-4870) to raise the minimum wage for employees of subcontractors at Newark Liberty International Airport, Newark Penn Station, and the Hoboken Terminal. If the bill passes, the minimum wage for these employees could be as high as $17.98 an hour, which would effectively eliminate and, in fact, more than double the current state minimum wage of $8.44 an hour.
Jackson Lewis P.C. • March 08, 2017
The New Jersey Assembly Labor Committee has voted 8-0 in favor of amending the wage notification requirements under the state Wage Payment Law to require private and public employers to provide employees a statement for each pay period that includes deductions, gross wages, net wages, rate of pay, and the number of hours worked during the pay period. Under the current law (N.J.S.A. § 34:11-4.6), employers must provide only a statement as to deductions from wages in each pay period.
Ogletree Deakins • March 08, 2017
On January 19, 2017, and on February 13, 2017, two bills (A4515 and S3014) were introduced in the New Jersey Legislature that would amend the New Jersey Law Against Discrimination to specifically prohibit employers from discriminating between employees on the basis of sex by paying “a rate of compensation, including benefits, which is less than the rate paid to employees of the other sex for substantially similar work, when viewed as a composite of skill, effort and responsibility.”
Jackson Lewis P.C. • October 05, 2016
New Jersey’s minimum wage will increase from $8.38 per hour to $8.44 per hour effective January 1, 2017, the New Jersey Department of Labor and Workforce Development (NJDOL) has announced.
Jackson Lewis P.C. • March 07, 2016
In 2013 the Department of Labor announced new regulatory language that substantially limited the scope of the Fair Labor Standards Act’s companionship exemption. Those regulations, of course, were challenged through litigation which remains ongoing, and their implementation by the USDOL was delayed until many months after the original effective date of January 1, 2015. Though the new companionship services regulations have taken effect, pending review by the U.S. Supreme Court, claims brought under the prior regulations continue to work their way through the court system. A federal district court in New Jersey decided one such case last week, finding an FLSA claimant had failed to properly plead that she was not exempt from minimum wage and overtime under the prior version of the exemption. Simoliuniene v. Estate of Maszer, 2016 U.S. Dist. LEXIS 25953 (D.N.J. Mar. 1, 2016).
Fisher Phillips • October 01, 2015
New Jersey’s minimum wage will remain at $8.38 per hour for 2016, the state government recently announced.
Ogletree Deakins • January 19, 2015
In a unanimous decision, the New Jersey Supreme Court recently adopted the employee-friendly “ABC” test to determine whether an individual is an employee or an independent contractor under New Jersey’s Wage Payment Law (which governs the time and manner of payment of wages due to employees) and Wage and Hour Law (which establishes the state’s minimum wage and overtime law). The ABC test is broader than the “economic realities” test used for federal Fair Labor Standards Act (FLSA) purposes and increases the likelihood that a New Jersey worker classified as an independent contractor will be found to be an employee for purposes of state minimum wage, overtime, and other provisions governing the time and mode of payment to workers. Hargrove v. Sleepy’s, LLC, No. A-70-12 (N.J. Jan. 14, 2015).
Brody and Associates, LLC • January 07, 2014
New Jersey joins a national trend of at least ten states that have tied their minimum wage increases to inflation after voters approved an amendment to the State Constitution on November 5, 2013. Cost-of-living adjustments will occur every September 1 and are tied to the Consumer Price Index. Voters also approved an increase in minimum wage from $7.25 per hour to $8.25.
Fisher Phillips • January 07, 2014
On January 1, a voter-approved amendment to the New Jersey Constitution went into effect that raised the state minimum wage for almost all employees from $7.25 per hour to $8.25.
Goldberg Segalla LLP • November 14, 2013
On November 5, New Jersey became the fifth state to add a minimum wage to its state constitution with 61 percent of voters supporting the ballot question. This was a hotly contested issue as business groups and unions spent significant money and time advocating for their respective positions. The constitutional amendment raises the state minimum wage from $7.25 to $8.25 an hour and sets automatic increases which are tied into the rate of inflation starting in January 2014. New Jersey is now the fifth state to add a minimum wage to its constitution — Florida, Colorado, Nevada, and Ohio already have such provisions — and the 11th state in the country that has automatic increases to the minimum wage.
FordHarrison LLP • February 05, 2013
Executive Summary: New Jersey Governor Chris Christie has conditionally vetoed a $1.25 minimum wage hike, instead proposing a $1.00 increase that will phase in over three years.
Ogletree Deakins • September 25, 2012
On September 21, 2012, New Jersey Governor Christopher Christie signed into law a bill that will require many employers to post and distribute to employees a notice of their right to be free from gender-based pay discrimination in the workplace, and obtain employees’ acknowledgment of receipt of the notice. The Governor also conditionally vetoed two other gender pay equality bills and vetoed another bill that would have required employers with state contracts to disclose certain gender and race information to the New Jersey Department of Labor (NJDOL).
Ogletree Deakins • October 06, 2011
On June 1, 2011, Commissioner of Labor Harold Wirths adopted new regulations relating to â€œmaintenance workâ€ under the Prevailing Wage Act. Last year, the New Jersey Legislature revised the definition of â€œmaintenance workâ€ to include â€œmaintenance-related projectsâ€ that met certain criteria. The legislature did not, however, define â€œmaintenance-related projects,â€ which led to speculation about the scope of such projects (e.g., whether it included projects such as troubleshooting, inspection, calibration, and other tasks not closely related to construction-type work). In the new regulations, the Commissioner provided the needed clarity, defining the term â€œmaintenance-related projectâ€ to mean â€œa project related to the repair of existing facilities when the size, type or extent of such facilities is not thereby changed or increased.â€ This definition adheres to the construction-related concept at the heart of the Prevailing Wage Act.
Ogletree Deakins • January 20, 2009
On December 23, 2008, the State of New Jersey Minimum Wage Advisory Commission issued its Second Annual Report.
Ogletree Deakins • January 20, 2009
The New Jersey Department of Labor and Workforce Development (DOL) has proposed amending the regulations governing the withholding of wages by employers to permit employers to withhold or divert a portion of an employee’s wages to pay for health club membership fees or child care services.
Ogletree Deakins • August 05, 2008
From now until September 7, 2008, the New Jersey Minimum Wage Advisory Commission is seeking written, public comments concerning the adequacy of New Jersey’s minimum wage. The Commission annually evaluates the adequacy of the state’s minimum wage, and then makes a formal recommendation to the Legislature as to whether any minimum wage increase is necessary.
Ogletree Deakins • August 05, 2008
The New Jersey Legislature declined to increase the state minimum wage from $7.15 per hour before ending its session for the extended summer recess, despite a strong December 21, 2007 recommendation by the State of New Jersey Minimum Wage Advisory Commission that the state minimum wage be immediately increased to $8.25 per hour (the poverty threshold wage for a three-person family in 2007).
Ogletree Deakins • July 03, 2008
Rosen v. Smith Barney, Inc., A-49-07, (N.J. June 25, 2008) — A voluntary deferred compensation plan, in which employees’ contributions from their wages were invested in company stock purchased at a discount, does not violate the State Wage and Hour Law’s restriction on deductions from employees’ wages, despite the fact that the plan provided for a forfeiture of unvested stock interests if the employees terminated their employment during the two year vesting period after the stock purchase.
Ogletree Deakins • June 09, 2008
On May 12, a bill (A2629) was introduced that would modify the State Wage and Hour Law to require employers to provide an unpaid meal period of at least 30 minutes to all employees who work for more than six hours continuously, and at least a 15 minute paid rest break to employees who work for more than four hours continuously.
Ogletree Deakins • June 09, 2008
Several bills (A2583, A1441, and A2581) were introduced in May that, if passed, would limit the ability of public employees to use or receive the entire cash equivalent of their accrued but unused vacation or sick leave in advance of, or upon, retirement.