Recently the New Jersey Department of Labor & Workforce Development issued proposed rules on the ABC test for independent contractors. We recently wrote an alert about the proposed rules, which can be found here. Employers with questions about the classification of individuals performing services for them should seek legal counsel to assist them in
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Michigan ESTA Gets Last Minute Amendments
Michigan’s Earned Sick Time Act (ESTA) went into effect on Friday but was met with last minute amendments which were signed by Governor Gretchen Whitmer.
The amendments contain key differences employers should consider as they roll out policies to comply with the ESTA.
These changes include:
- Frontloading the time is expressly permitted
- Carryover of hours
…
What’s Old is New Again—Michigan Earned Sick Time Act Goes into Effect February 21, 2025
In less than two weeks, the sick leave requirements in Michigan are changing. The state is reverting to the Earned Sick Time Act (ESTA), which was initially adopted in 2018 but was then subject to amendments and litigation. The ESTA will go into effect on February 21, 2025.
There are some notable differences, including the…
New Jersey Minimum Wage Rates to Increase in 2025
By Ian Gillen
As the year comes to a close, New Jersey businesses need to be mindful of the yearly increases in state minimum wage rates. The New Jersey Department of Labor announced in a press release that effective January 1, 2025, the state minimum wage rate for most employees will increase by $0.36 to the new rate…
DOL Announces Proposed Rule to Phase Out Subminimum Wage for Workers With Disabilities
The Department of Labor (DOL) announced a proposed rule that would phase out the ability of employers to pay employees with disabilities less than the federal minimum wage.
Currently, under section 14(c) of the Fair Labor Standards Act, an employer can obtain a certificate from the Wage and Hour Division allowing it to pay employees…
Texas District Court Vacates DOL Overtime Rule
The U.S. District Court for the Eastern District of Texas, in State of Texas, et al. v. United States Department of Labor, et al. vacated the latest overtime rule by the Department of Labor (DOL) on November 15, 2024. The rule increased the salary requirement to be exempt in July 2024, set another increase…
Massachusetts Voters Reject Ballot Measure Requiring Tipped Employees to Be Paid Full Minimum Wage—Is this a New Trend?
Should tipped employees be paid the full minimum wage? Massachusetts residents voted a resounding “No” and rejected a proposed change to the state’s minimum wage law that would have required tipped employees to be paid 100% of the minimum wage by 2029, as opposed to the $6.75 minimum cash wage.
The proposed amendment on the…
United States Supreme Court Weighs Evidentiary Standard in FLSA Exemption Cases
By Ian Gillen
On Election Day, November 5, the United States Supreme Court will be hearing argument in E.M.D. Sales, Inc. v. Carrera, an important case that addresses the evidentiary standard an employer must satisfy to establish whether an exemption under the Fair Labor Standards Act (“FLSA”) applies.
To set the stage, the FLSA governs the payment of…
NJ Domestic Workers’ Bill of Rights—Are You Compliant?
As Mark reported in a previous blog post, the New Jersey Domestic Workers’ Bill of Rights became effective on July 1, 2024. If you employ domestic workers in your home, you are likely to be considered an employer under the statute and need to create a contract for your domestic employees.
The law’s definition…
New Jersey Supreme Court to Hear Important Wage Case
By Ian Gillen
In June 2024 I wrote this article discussing in-depth the case of Musker v. Succhi, et al., and the implications the Appellate Division’s ruling had for wage disputes regarding sales commissions. As a reminder, the plaintiff in this case was suing her former employer for violations of the Wage Payment Law (“WPL”). The plaintiff was…