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ADVERTISING
January 2012
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NJ Legislature Proposes Minimum Wage Hike
For the first time in three years, proposed legislation being championed by Senate and Assembly Democrats would raise the minimum wage from $7.25 to $8.50. The bill was introduced despite the December recommendation from the Minimum Wage Advisory Commission that the rate remain unchanged for 2012. Should the bill be adopted, New Jersey's minimum wage rate would be among the highest in the country, topped only by Oregon and Washington. Although Gov. Christie has hinted at a veto, he expressed his intention to listen to arguments on both sides of the issue.
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NLRB Extends . . . Yet Again . . . Employee Rights Posting Requirement
In an earlier issue we advised that the National Labor Relations Board (NLRB) had issued a final rule requiring most private-sector employers to conspicuously post a notice of employee rights to unionization in the workplace. (click here for prior LMEC Newsletter). The posting requirement was to take effect on November 14, 2011, but in October the NLRB postponed the posting requirement until January 31, 2012.
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The NLRB Strikes Again! The Board Continues to Flex Its Muscles in the Non-Unionized Workplace
The NLRA posting requirement discussed above is only one of several recent actions taken by the NLRB that serve as a sober reminder that even in non-unionized workplaces, private sector employees have statutory rights under Section 7 of the NLRA to engage in concerted activity for, among other things, “mutual aid and protection.”
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The OFCCP Proposes Affirmative Action Quotas for Disabled Individuals
For decades federal contractors have been dealing with the Office of Federal Contract Compliance Programs’ (OFCCP) requirements designed to promote workplace equality for women and minorities in the workplace. Recently, the OFCCP announced proposed regulations under Section 503 of the Rehabilitation Act of 1973 that would extend, and in certain respects, expand those obligations to promote opportunities for disabled workers.
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Attention Home Health Care Agencies: Your Domestic Caretakers May Soon Be Accorded Wage and Hour Protections of the FLSA
Although many domestic workers are covered by the Fair Labor Standard Act’s (FLSA) minimum wage and overtime requirements, there presently exists an exemption from these requirements for home health care workers providing “companionship services for individuals who are unable to care for themselves.” In 2007, the United States Supreme Court ruled that home health care providers employed by third-party agencies were entitled to this exemption, resulting in significant wage and overtime savings to these agencies.
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Just the Facts, Ma’am: DOL Issues Fact Sheets Advising Employees of Legal Rights
The U.S. Department of Labor (DOL) recently issued two Fact Sheets to provide general information about employee rights under the Fair Labor Standards Act and the Family Medical Leave Act.
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What You Don’t Know Can’t Hurt You: Appeals Court Rules that Employer’s Lack of Knowledge of Employee’s Off-the-Clock Work Not Compensable
By now most employers know that the wage payment mandates of the FLSA may require an employer to compensate employees for unauthorized work time when the employer “suffers or permits” the employee to work and receives the benefit of the employee’s services. However, a federal appeals court recently issued a decision that may give employers some ammunition in defending claims for unauthorized work.
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We Told You So! Summary Judgment Denied to Employer Who Negligently Failed To Implement an Effective Sexual Harassment Program
Periodically, we remind employers that they cannot effectively defend sexual harassment claims if they fail to implement and enforce a sexual harassment program that includes well-publicized policies prohibiting unlawful harassment, periodic training of supervisory personnel in the sexual harassment policy, and clear monitoring and investigative procedures reasonably designed to identify and remediate sexual harassment in the workplace. A New Jersey Appellate Court recently hit that message home when it reinstated a claim against an employer who could not establish the aforementioned elements of an effective anti-harassment program.
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Labor and Employment Law Group
At Lindabury, we have a comprehensive Employment Law Practice. Our Employment Litigation attorneys handle hundreds of cases annually, representing company management clients at all levels of dispute resolution.
We also provide Employment Law Advice and Counsel. We firmly believe that the proper implementation of a comprehensive set of policies and procedures that cover training, documentation, interviews and investigations is essential for containing employment litigation costs and creating a long-term positive work environment.
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John H. Schmidt, Jr.
jschmidt@lindabury.com
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Kathleen M. Connelly
kconnelly@lindabury.com
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Backfisch, Steven
Boretz, Stacey E.
Courtney, Silvia F.
Estabrook, James K.
Goemaat, John F.
Hershkowitz, Ronald M.
Klahr, Deborah E.
Ross, Donald B. Jr.
Simoes, Sergio D.
Westfield, New Jersey
TEL (908) 233-6800
FAX (908) 233-5078
Summit, New Jersey
TEL (908) 273-1212
FAX (908) 273-8922
Red Bank, New Jersey
TEL (732) 741-7777
FAX (732) 758-1879
New York, New York
TEL (212) 742-3390
FAX (212) 269-5016
Philadelphia, Pennsylvania
TEL (215) 854-4090
FAX (215) 569-0216
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