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Total Articles: 7

Unemployment Insurance Tax Rates Reduced for 2012 and 2013

On June 29, 2011, Governor Chris Christie signed into a law a bill (A3819) that will reduce the unemployment insurance tax rates on employers during fiscal years 2012 and 2013. According to the Assembly Majority Office, “[e]mployer tax liability will be cut from $300 per worker to $100 per employee on average, generating a savings of $450 million for New Jersey businesses.” The law also changes the requirements regarding notification to employers when benefit payments are made and charged to their employer account. Previously, the law required the Department of Labor to send or furnish copies of certain records regarding benefit payments charged to their employer account. The new law changes this requirement to permit the Department to use technology to reduce costs associated with mailing paper notifications.

New Jersey Passes Law Prohibiting Exclusion of Unemployed Individuals for Job Vacancies

A new New Jersey law prohibits employers in the state from publishing job advertisements, in print or on the Internet, that exclude unemployed individuals from applying. This makes New Jersey the first state to enact an explicit prohibition against such limiting language. The legislation, effective June 1, 2011, provides a penalty for employers that “knowingly and purposefully” publish advertisements excluding unemployed individuals from consideration for a position.

Striking Nurses Entitled to Unemployment Benefits.

The New Jersey Supreme Court recently upheld the decision to award unemployment compensation benefits to 240 striking nurses, concluding there was no stoppage of work where the hospital continued to operate at full service.

Unemployment Benefits Awarded Where Employer-Initiated Change to Work Schedule Interfered With Employees Established Child Care Arrangements.

In this matter, the court held that an employers unilateral change in an employees work schedule constituted good cause for claimant to resign, and would not preclude receipt of unemployment benefits, where the schedule change prevented the employee from picking up her daughter from daycare by the closing time.

Amendment to "Work Stoppage" Disqualification Under Employment Laws Requires Board of Review To Make Factual Finding Regarding Reason For Cessation Of Work.

A recent amendment to N.J.S.A. 43:21-5(d) created an exception to the well known work stoppage disqualification from unemployment benefits where the employer prevents an individual from working.

Agreement Reached Between New Jersey And United States Department Of Labor To Provide Extended Unemployment Compensation Benefits.

On June 30, 2008, the State of New Jersey and the United States Department of Labor reached an agreement to provide federally-funded Extended Unemployment Compensation (EUC) benefits for up to 13 additional weeks. Individuals who filed claims dated May 7, 2006 or later, who exhausted their regular state unemployment insurance benefits, and who are still unemployed and looking for work may be eligible for these extended benefits. Such individuals will be notified by mail at their address of record and will be able to file for benefits by completing and mailing the application that will be enclosed with the notice.

Employee Entitled To Unemployment Benefits When His Employer Caused His Transportation Issues.

In a rare unemployment benefits case to reach the New Jersey Supreme Court, the Court held that an employee who resigned due to lack of transportation was entitled to unemployment benefits where the transportation problems were caused by the employers work schedule changes.
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Ogletree Deakins | Indiana | Indiana Enacts Right-to-Work Law: Becomes the Only Right-to-Work State in the Central Midwest (February 02, 2012)

Littler Mendelson, P.C. | New Mexico | Santa Fe Local Ordinance Sets Country's Highest Minimum Wage Requirement (February 02, 2012)

Littler Mendelson, P.C. | California | A Moving Target: The California DLSE Modifies Again Its FAQs on California's New Wage Notice Required for Hourly Employees (February 01, 2012)

Jackson Lewis LLP | Indiana | Indiana Adopts Right-to-Work Law (February 03, 2012)

Littler Mendelson, P.C. | California | Is Rounding of Employee Time Entries Legal in California?--California Supreme Court Orders Appellate Court to Decide (January 31, 2012)

Littler Mendelson, P.C. | California | California Court of Appeal Finds Employees Are Exempt Under California's Commissioned Sales Exemption (January 31, 2012)

Ford & Harrison LLP | New York | New York's Wage Theft Prevention Act Requires Notice to Employees (January 30, 2012)

Ford & Harrison LLP | California | Class-Action Antitrust Complaint Alleging an Unlawful Employer "No-Poaching" Conspiracy Appears to Have Survived a Motion to Dismiss (January 30, 2012)

Young Conaway Stargatt & Taylor, LLP | Delaware | Delaware Court of Chancery Issues Guidelines for Attorneys (January 31, 2012)

Littler Mendelson, P.C. | Pennsylvania | Pennsylvania Court Holds That Trustees May File Mechanics’ Lien to Obtain Delinquent Contributions to Health and Pension Funds (January 30, 2012)