Apr 29 2024

A Synopsis of the FTC's Historic Non-Compete Ban Employer's Legal Resource04.29.2024As you may have heard, on April 23, 2024, in a historic measure, the Federal Trade Commission (“FTC”) voted 3-2 to ban almost all employment-based non-competes. Below is a synopsis of what this new ban entails, what types of non-competition restrictions are still enforceable, and how employees and employers should prepare for the future.

Apr 22 2024

Employment Law Update: Are There Limits To Accommodation? Employer's Legal Resource04.22.2024New Jersey employers should be aware that they must comply with the New Jersey Law Against Discrimination, which requires that it is an employer’s duty to engage in an interactive process with an employee who needs accommodations because of a disability.  Employers must provide accommodations for an employee who can perform the essential functions of a job with accommodations, unless there is no reasonable accommodation that will allow the employee to perform the essential functions of the job (or it is an “undue hardship” on the employer).  

Apr 11 2024

The NLRB’s New Target: Electronic Surveillance in the Workplace Employer's Legal Resource04.11.2024Many employers use video cameras to prevent theft, have a record of workplace incidents, and for general security purposes. Although seemingly reasonable, such electronic surveillance in the workplace has drawn increased scrutiny from regulators, especially the National Labor Relations Board (“NLRB”).

Mar 21 2024

Employment Law Update: Employers Should Examine their Websites To Avoid The Filing of Website Accessibility Lawsuits Employer's Legal Resource03.21.2024Employers take note: web accessibility lawsuits are on the rise. Many of these lawsuits were filed by website “testers,” individuals who access business websites to determine whether they are compliant with the Americans With Disabilities Act (ADA) in various ways.

Mar 07 2024

New Year, New OSHA Reporting Requirement Employer's Legal Resource03.07.2024The Occupational Safety & Health Administration (OSHA) rang in the New Year by rolling out another reporting requirement for certain employers across the country. Beginning January 2024, establishments with 100 or more employees in designated high-hazard industries must electronically submit information from their Form 300 and Form 301 to OSHA once per year.

Mar 05 2024

Employer Alert: CDC Updates and Simplifies Respiratory Virus (COVID) Recommendations as of March 1, 2024 Employer's Legal Resource03.05.2024The Centers for Disease Control and Prevention (CDC) has updated its COVID guidelines for 2024, removing the five-day isolation recommendation as the agency said it aims to mirror guidance for other respiratory infections.

Feb 28 2024

How Do I Calculate Overtime If I Pay a Shift Differential? Employer's Legal Resource02.28.2024The Department of Labor (DOL) has specific rules on how overtime must be paid. Overtime is paid at 1.5 times a worker’s “regular rate” not their hourly rate. If you do not pay overtime correctly, you may be required to pay the amount owed, plus 200% in liquidated damages and if the employee hired an attorney, the attorneys’ fees; as previously mentioned in the New Jersey Passes Wage Theft Law blog.

Feb 21 2024

Navigating Loan Transactions: Borrower’s Due Diligence Process Employer's Legal Resource02.21.2024Access to capital is crucial to the growth of a business. Securing a loan for your business can be a pivotal step in achieving your business goals. Entering into loan arrangements with a lender may seem like a straightforward process. However, the process can be complex (and expensive) without the proper guidance and preparation. This blog is the first of a series intended to introduce and de-mystify various aspects of the loan process.

Feb 08 2024

Misclassification of Employees As Independent Contractors Can Be A Costly Mistake For Employers Employer's Legal Resource02.08.2024On January 9, 2024, the United States Department of Labor (“USDOL”) announced a final rule on how to analyze whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (“FLSA”). The new rule will be effective on March 11, 2024.

Feb 01 2024

New Jersey Small Employer Health Benefits Law Employer's Legal Resource02.01.2024A “small employer” is an employer with 1-50 full-time employees on business days in the preceding calendar year and with at least 1 full-time employee on the first day of the plan year. A “full-time employee,” for purposes of determining whether an employer is a “small employer,” is one who works at least 30 hours per week.  Small employers do not have to offer their employees health insurance. However, if a small employer chooses to offer health insurance they have to meet certain requirements.