The Employment Law Counselor

On August 8, 2023, the New Jersey Department of Labor and Workforce Development (DOL) implemented the Workplace Accountability in Labor List (the WALL) — a public list, accessible through the DOL website, that includes the names of employers found to be in violation of New Jersey State wage, benefit and tax laws and have outstanding liabilities to the DOL. Such liabilities might include unpaid wages or unemployment insurance contributions to the State.

Employers may appear on the WALL following a final order or judgment issued by the DOL. The DOL will issue its final order or ... Continue Reading

In Chapoteau, et al. v. Bella Sante, Inc., et al., the Massachusetts Appeals Court held that operators of beauty and massage spas that primarily render beauty and massage services were required to pay employees Sunday premium pay where the spas also sold retail products on Sundays.

Prior to January 1, 2023, Massachusetts law generally prohibited commercial activities on Sunday, but provided numerous exemptions, including for the operation of businesses that provided beauty and massage therapy services. Another exemption allowed businesses to sell retail goods on Sundays ... Continue Reading

On August 16, 2023, the Court of Appeals for the Third Circuit clarified the test courts should use when determining whether workplace uniforms or safety gear are integral and indispensable to an employee's principal activities of employment, and therefore, whether time spent donning and doffing should be compensable under the federal Fair Labor Standards Act (FLSA).Tyger v. Precision Drilling Corp., No. 22-1613, __ F.4th __ (3d Cir., August 16, 2023). The court reversed the District Court for the Middle District of Pennsylvania, which had relied on the Second Circuit’s ... Continue Reading

Listen now to hear the newest episode of The Employment Law Counselor, Hosted by Jeff Stewart in collaboration with the Professional Liability Underwriting Society. Partner Ryan Warden joins Jeff to discuss the recent explosion in wage and hour claims over the past few years in this week's episode titled "Wage Claims Are On The Rise, But Are They Covered?" Jeff and Ryan cover common issues, including minimum wage violations, unpaid overtime claims and wage and hour class actions.

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On January 5, 2023, the Federal Trade Commission released a Notice of Proposed Rulemaking to prohibit employers from entering into non-compete clauses with workers and require employers to rescind existing non-compete clauses. Proponents argue that non-compete clauses hold American workers “hostage” by keeping wages low and suppressing new businesses and innovation.

Dissenters, on the other hand, contend that, “the proposed rule is a radical departure from hundreds of years of legal precedent that employs a fact specific inquiry into whether a non-compete clause is ... Continue Reading

Minimum wage just broke another record today. It will break another tomorrow.

Did you know that the federal minimum wage has not been increased in over 12 years? Every day without an increase sets another record for the longest period of time without an increase in the federal minimum wage since the first minimum wage was enacted in 1938.Continue Reading