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 [...]
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 [...]
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 [...]
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 [...]
Here's what you need to know for now. The ABC test presumes that a worker is an employee unless the employer can establish that all three of the following criteria reflect a consulting relationship.
New Jersey's minimum wage increased to $8.38 per hour as of January 1, 2015. All businesses with employees in the Garden State should review and adjust their payrolls accordingly.
On June 18 the Supreme Court put to rest a long-simmering controversy over whether pharmaceutical sales representatives - the people who try to convince doctors to prescribe their employer's drugs - are "ouside salesmen" for purposes of the FLSA. If they are, they get no overtime no matter how many hours they work each week. [...]
Yesterday I read on Technolawyer a post written by Ed Zohn, a NJ attorney who writes frequently on law office technology. Ed's thesis, with which I agree, is that many lawyers, in the quest for automated efficiency, have made themselves victims of TMT --- "too much technology." That is, we allow our automated tools to [...]
Or is it the other way around? You decide. Wage and hour violations continue to pop up everywhere. Yesterday it was law firm employees, today Hooters waitresses. Whatever your business, if you think that similar problems can't happen to you, you're wrong.