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More NJ Sales Representatives Getting Commissions

By |2019-02-20T19:51:24+00:00February 1st, 2019|Categories: Wage & Hour|

Our last post explored the legal remedies available to independent sales representatives in New Jersey when a principal is reluctant to pay. But what happens when you're not independent, but a direct employee who works on commission? The Sales Representative Protection Act doesn't apply to you. The short answer is that you still have [...]

Help for New Jersey Independent Sales Reps Getting Paid

By |2019-01-29T22:36:53+00:00January 29th, 2019|Categories: Wage & Hour|

If you are an independent sales representative who works on commission, you know the feeling of vulnerability that comes with waiting for a commission check to arrive. How many times have you heard of reps whose commissions have not been paid or have been reduced because the principal terminated the contract or changed the [...]

For Independent Sales Representatives

By |2019-01-25T02:58:26+00:00January 25th, 2019|Categories: Wage & Hour|

The Sales Representatives Rights Act I come from a family of independent sales representatives, so this statute holds a special place in my heart.  If you are an independent sales person who works on commission, you know the feeling of vulnerability that comes with waiting for a commission check from your principal.  How [...]

What Vacation Time Means to the Smaller Business

By |2019-01-25T02:30:18+00:00June 4th, 2018|Categories: Policies & Handbooks, Wage & Hour|

It's hard to believe that June is already underway, summer is less than three weeks away, and with it comes hard core vacation time. Which brings to mind some seasonal considerations that businesses should have tidied up in advance to make coping with employee vacations seamless. First, employers in New Jersey are under no legal [...]

Employers: Do Not Dock Workers’ Pay When They Take Short Breaks

By |2018-02-25T18:23:22+00:00February 26th, 2018|Categories: Wage & Hour|Tags: , , , , , |

We like to bring employers simple tips that can head off problems before they start.  Here's one that comes from a recent decision from the U.S. Third Circuit Court of Appeals, which covers New Jersey, Pennsylvania, Delaware and (yes) the Virgin Islands.  The tip is this: do not dock workers' pay for taking short rest [...]

Sometimes Boilerplate in Contracts Really Makes a Difference

By |2018-02-16T18:14:18+00:00February 16th, 2018|Categories: Wage & Hour|Tags: , , |

Or The Eyes Of Texas Were Upon the Beauty Consultant from NJ How many contracts have you signed in the course of your business career?  Did any of them contain a choice of law provision?  You know, buried down somewhere toward the end where you always find the boilerplate provisions, where they put the stuff [...]

A Sampler of Federal Employment Law Developments

By |2016-10-28T06:00:00+00:00October 28th, 2016|Categories: ADA, Employment Law News, Non-compete Agreements, Wage & Hour|Tags: |

As we have pointed out before, New Jersey's employment laws are structured in a way that makes it desirable, nearly all of the time, for plaintiffs to file their cases in state court under state law. In that way we differ from many other states, where federal law is used more frequently.  That doesn't mean [...]

Don’t Forget Impending Federal OT Rule Changes

By |2016-09-22T16:52:51+00:00September 22nd, 2016|Categories: Employment Law News, Wage & Hour|Tags: |

December 1, 2016 is a little more than two months away.  That's the date when long-awaited changes to federal overtime rules will take effect.  Businesses need to be prepared. The Department of Labor's press release summarizes the changes. The new Rule is aimed primarily on the standards under which Executive, Administrative, and Professional employees can [...]

Settling FLSA Cases Just Got a Little Harder

By |2015-08-28T14:54:43+00:00August 28th, 2015|Categories: Wage & Hour|Tags: |

Most cases, when they settle, contain a provision that the plaintiff's complaint will be dismissed "with prejudice."  "With prejudice" is legal shorthand for saying that those claims can never be raised again. Once they're gone, they're gone for good.  Why defendants want this is understandable.  In exchange for money, they believe that they are buying [...]

5 HR Errors that Leave Companies Exposed to Litigation

By |2015-01-19T13:29:57+00:00January 19th, 2015|Categories: Firing Issues, Hiring Issues, Policies & Handbooks, Wage & Hour|Tags: |

These 5 common business errors that make defending an employment lawsuit harder come from the California Employment Law Report, and they are as true on the east coast as the west. In our experience, smaller and middle sized businesses without a dedicated HR person are particularly susceptible to these mistakes.  All depend in one way or [...]

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