Connell Foley Partner, Michael A. Shadiack Will Be Presenting at the NJBIA Human Resource Seminar

On February 14, 2014, Michael A. Shadiack will be presenting "The Right Decision: Exempt Versus Non-Exempt" addressing worker classification issues at the NJBIA Human Resource Seminar in Eatontown.

Click here for more information about this seminar

Connell Foley Partner, Michael A. Shadiack Will Be Presenting at the National Business Institute Seminar

On February 19, 2014, Michael A. Shadiack will be presenting "Tips for Employers When Drafting and Updating Employee Handbooks," at the National Business Institute Seminar in Newark.

Click here for more information about this seminar

New Jersey and New York Increase Minimum Wage

Effective January 1, 2014, the minimum hourly wage for non-exempt employees increased in both New Jersey and New York.  In New Jersey, the minimum wage increased from $7.25 to $8.25 per hour.  In New York, the minimum wage increased from $7.25 to $8.00 per hour.  Employers need to be aware of these changes and must pay their non-exempt employees no less than that minimum hourly wage for each regular hour worked.

Please feel free to contact Connell Foley’s employment law attorneys for guidance on implementing the minimum wage increase or any other wage and hour issue your company may be facing.

2014 New Jersey Employer To-Do List

Additional Update to Proposed New NJLAD Category

On January 6, 2014, the New Jersey Assembly passed Bill No. S-2995, which would amend the New Jersey Law Against Discrimination to include pregnancy as a protected category, by a vote of 77-1.  Previously, on November 18, 2013, the New Jersey Senate unanimously passed the bill.

If Governor Christie signs the Bill, it will:  (1) prohibit employers from treating women affected by pregnancy or childbirth less favorably than other employees similarly situated in their ability or inability to work; (2) require employers to provide reasonable accommodations for pregnancy-related needs when the employee requests accommodation pursuant to her physician’s advice; and (3) prohibit employers from penalizing, in the terms, conditions, or privileges of employment, pregnant employees who request or use accommodations.

The Bill is pending Governor Christie’s review and signature.

NJ Department of Labor Announces Posting and Distribution Requirement Date for Gender Equity Poster

In its December 2013 update, the New Jersey Department of Labor (“DOL”) announced that it will publish the notice of adoption of the so-called “gender equity notice” in the New Jersey Register’s January 6, 2014 issue.  The gender equity notice was originally proposed on January 7, 2013. 

The January 6, 2014 publication will trigger the posting and distribution requirements of the gender equity notice.  Accordingly, as of January 6, 2014, all New Jersey employers of 50 or more employees (“covered employers”) will be required to adhere to these requirements.  Specifically, beginning on January 6, 2014, covered employers are required to do the following:

1. Post the gender equity notice adopted by the DOL in a conspicuous place at each of its workplaces - such place(s) must be accessible to all of the covered employer’s employees.  The notice may be posted on the covered employer’s internet or intranet site if such site is accessible to all of its employees and if it is for the exclusive use of such employees.
2. Distribute a hard copy of the gender equity notice to any employee hired on or before January 6, 2014 by February 5, 2014.
3. Distribute a hard copy of the gender equity notice to any employee hired after January 6, 2014 at the time of hiring.
4. Distribute a hard copy of the gender equity notice to all employees on an annual basis by no later than December 31^st.
5. Distribute a hard copy of the gender equity notice to any employee upon initial request.

A covered employer may satisfy these distribution requirements via (a) e-mail; (b) printed copy; or (c) internet or intranet posting, so long as the internet or intranet site is accessible to all employees, the site is for all employees’ exclusive use, and the covered employer notifies the employees of the posting.

Finally, the distributed gender equity notice is required to be accompanied by an acknowledgment, which is to be executed by the employee and returned to the covered employer within 30 days of receipt.  This acknowledgment must state that the employee has received, read and understood the gender equity notice.

As timely adherence to the posting and distribution requirements is mandatory for covered employers and the DOL has released the gender equity notice in advance of the January 6, 2014 trigger date, covered employers should take steps today to ensure compliance. 

Proposed New Bill Would Protect Unpaid Interns In The Workplace

On November 18, 2013, Bill No. S-3064, which would permit unpaid interns to seek relief from purported harassment, discrimination and retaliation under the Law Against Discrimination, the Conscientious Employee Protection Act, and the Worker Freedom From Employer Intimidation Act, was introduced.  Senator Nia Gill (Essex) sponsored the bill.

Presently, only one state - Oregon - provides such protections to unpaid interns.  However, at least one other state - New York - is currently considering similar protections.  Recent case law has increased the profile of the unique situation of unpaid interns, who often work side-by-side with paid colleagues, and lack not only compensation, but also workplace rights.

Bill S-2995 has not yet been assigned to a Senate committee.