In The Legal Loop

Attention Companies Employing 100+ Employees

The U.S. Equal Employment Opportunity Commission (EEOC) has announced a proposed revision to the Employer Information Report (EEO-1) which will now include collecting pay data from employers with more than 100 employees, including federal contractors.

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New Jersey is One Step Closer To Mandating Employers Of All Sizes Provide Paid Sick Leave To Employees

The New Jersey Assembly has voted in favor of a bill requiring all New Jersey employers to provide some form of paid sick leave to its employees. The bill requires employers of all sizes to provide paid sick leave to its workers. Although many municipalities within the State have already passed local legislation requiring paid sick leave, if passed New Jersey would join a small group of states (California, Connecticut and Massachusetts) which require employers to offer paid sick leave.

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Jersey City Employer Update: Paid Sick Leave Law Expanded

Jersey City was the first city in the State of New Jersey to mandate certain private employers provide their workers paid sick leave. On October 28, 2015 the Jersey City Council adopted a revision to its local sick leave law, and expanded the law to cover small business owners, employers with fewer than 10 employees.

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Department Of Labor Announces Proposed Rule Changes To Expand Overtime Pay

For the past decade, workers earning a guaranteed salary of at least $455.00 per week or $23,660.00 annually, in tandem with satisfying certain “duties” tests, qualified for what is commonly referred to as the white collar exemptions. As a result, these workers were ineligible to earn overtime pay. On Tuesday, June 30, 2015, the Department of Labor (“DOL”) announced its proposed rule changes to the Fair Labor Standards Act which, if adopted, will dramatically change the white collar exemptions as we know it. The result could cause employers to re-evaluate and possibly re-classify many positions within their organization. This re-classification may create a new obligation for employers to track hours worked and pay overtime to an entirely new group of employees, employees who never before were eligible for overtime pay or required to track hours worked.

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USA vs. Samuel James Johnson

On June 26, 2015, the United States Supreme Court took an arrow from the quiver of United States Attorney and invalidated, as unconstitutionally vague, language from the armed career criminal statute found at 18 U.S.C. §924(e)(2)(B).

Samuel Johnson received a sentence of 15 years in Federal prison, instead of 10 years, because of his prior conviction for simple possession of a sawed off shotgun.

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Attention Township of Bloomfield Employers/Employees: Paid Sick Leave Alert!

Beginning June 30, 2015, Employers with ten (10) or more employees who work in the Township of Bloomfield must implement and provide paid sick leave. The Ordinance, enacted on March 2, 2015, provides that employee’s must accrue at least 1 hour of paid leave for every 30 hours worked, subject to a 40 hour cap per year. Paid sick leave will begin to accrue on the first day of employment but employees cannot use the leave until their 90th day of employment. Under the Ordinance, any unused sick leave must be carried over or paid out to the employee at the end of the year, subject to the 40 hour cap. Sick leave may be used for an employee’s, or an employee’s family member’s, illness, injury or preventative medical care as well as may be used for the closure of the employee’s place of business, a child’s school or place of care or care for a family member due to a public health emergency.

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Employers Beware! A Private Cause of Action Exists for Unpaid Overtime

U.S. District Judge Kevin McNulty, of the District of New Jersey, has addressed an issue of first impression in New Jersey: Does a private cause of action exist under the New Jersey Wage and Hour Law (our State’s analog to the federal Fair Labor Standards Act) for unpaid overtime? On May 22, 2015 Judge McNulty in Thomas v. Real Estate Mortgage Network Inc., et. al. ruled the New Jersey Wage and Hour Law does provide an express right to recover not just unpaid wages, but unpaid overtime as well.

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Kaufman, Semeraro and Leibman, LLP