Your source for the latest changes in employment law
Attention New Jersey Employers: New Jersey Supreme Court Adopts “ABC” Test for Independent Contractor Classification
On January 14, 2015, the New Jersey Supreme Court issued an opinion (Hargrove v. Sleepy's, LLC, No. A-70-12), defining the criteria for independent contractor status. The Court adopted the worker-friendly "ABC" test to determine whether an individual is an employee or an independent contractor under New Jersey's Wage Payment Law ("WPL") and New Jersey's Wage and Hour Law ("WHL"). The Court declined to adopt the "economic realities" test used to determine employee status under the federal Fair Labor Standards Act ("FLSA").
ARE YOU READY FOR 2015?
Now that 2014 has come to a close, NFC wants to make sure that your business is prepared to hit the ground running in 2015. Below is a "To-Do" list of the TOP 10 PRIORITIES employers should focus on to prepare effectively for the New Year.
Is Your Background Check Process Putting Your Company At Risk?
Recently, there have been a substantial number of high profile class action lawsuits alleging non-compliance with the Fair Credit Reporting Act ("FCRA"). Many of these lawsuits have resulted in multi-million dollar settlements reinforcing the high cost to employers if their background check process is not compliant. Class action lawsuits have recently been filed against The Walt Disney Company, Michaels Stores, Inc. and Whole Foods Market Group Inc. alleging these companies' methods for conducting background checks on prospective employees are illegal.
Attention New Jersey Employers: An Increasing Number of New Jersey Municipalities are Passing Paid Sick Leave Legislation
Joining the cities of Newark and Jersey City, which previously enacted sick leave legislation, Passaic, East Orange, Paterson, and Irvington have now passed paid sick leave ordinances. Most recently, Trenton and Montclair voters approved similar ordinances in last month's election. Clearly a trend, there is now a statewide push to provide paid sick leave as the New Jersey Legislature is considering similar legislation.
Mayor De Blasio Signs The Affordable Transit Act
Effective January 1, 2016, the "Act" requires private New York City employers to offer full-time employees pre-tax public transportation benefits.
Important Documents and Links
“It’s Not Always Clear What Constitutes Sexual Harassment. Use This Tool to Navigate the Gray Areas to Navigate the Gray Areas.” By Kathleen Kelley Reardon
“Protected Activity”Continues to Broaden Under SOX
State Mandated Paid Family Leave is On the Rise
Employer Common Concerns Questionnaire
Preparing for the Separation Agreement ‘Fire Drill’
Equal Pay for Equal Play: U.S. National Women’s Soccer Team’s Fight for Equal Pay Parallels Equal Pay Initiatives Across the Country