Arguably the most important law guaranteeing a worker’s right to fair pay is the federal Fair Labor Standards Act of 1938 (“FLSA”), which defines the forty hour workweek, sets the federal minimum wage, establishes requirements for overtime pay, establishes recordkeeping requirements for employers, and places restrictions on child labor. In addition, the FLSA requires employers… Continue Reading
Apple, Inc. retail employees who allege they should have been compensated for off-the-clock time spent undergoing the store’s mandatory screening processes have renewed their bid for class certification in federal court in California. In the complaint filed in Frlekin v. Apple, Inc., Docket No. 3:13-CV-03451 (N.D. Cal.), the plaintiff employees alleged that the global technology… Continue Reading
Uber – the transportation networking company which, through the use of its technological platform and smart phone application, connects consumers (passengers) with transportation providers (private vehicle drivers) and facilitates the ride sharing service – may be the next victim of the continuing wave of employee misclassification lawsuits sweeping the nation. On June 3, 2015, in… Continue Reading
On June 23, 2015, the Supreme Court of New Jersey issued its first of two expected landmark decisions this term concerning the rights of and protections afforded to whistleblowers. New Jersey employees enjoy great protection under whistleblower laws that are among the broadest, most robust and comprehensive in the country, including the Conscientious Employee Protection… Continue Reading
It has been a little over a month since the Opportunity to Compete Act (the “Act”) went into effect in New Jersey. The Act, which is New Jersey’s version of Ban the Box, was originally signed into law on August 11, 2014, giving employers roughly 6 months to review and revise their employment forms and… Continue Reading
Companies subject to The Dodd-Frank Wall Street Reform and Consumer Protection Act, enacted on July 21, 2010, and the Securities Exchange Act of 1934, are on notice: the SEC is prosecuting violations of Section 21F-17 of the Exchange Act, which prevents companies, through the use of confidentiality agreements, from impeding the ability of whistleblowers to… Continue Reading
Stark & Stark Shareholder Ben Widener, Chair of the firm’s Employment Group, authored the article “Two Important New Developments in NJ Employment Law,” which was published on March 11, 2015 by U.S.1. The article discusses two new legal developments that will change the way employers do business: worker pregnancy and paid sick leave. Recently, New Jersey… Continue Reading
In October 2006, the New Jersey Supreme Court ruled that same-sex couples are entitled to equal protection and, thus, are qualified for the same statutory rights and benefits afforded to heterosexual married couples. See Lewis v. Harris, 188 N.J. 415 (2006) (instructing the New Jersey Legislature to amend the marriage statutes or enact a new… Continue Reading
As a general rule in New Jersey, private employers may not conduct random drug testing of current employees except employees in “safety-sensitive” positions. Notwithstanding scant authority on what constitutes a “safety-sensitive” position, it is clear that to qualify, there must be a direct and immediate nexus between the employee’s job duties and a fairly significant safety risk. Absent such a connection, an employer cannot require its employees to submit to random drug testing, though pre-employment testing and testing in light of a particularized suspicion are permissible.
Countless people have been affected by the harsh economic times of the past several years. Many were unable to meet their financial obligations and stopped paying their bills which ultimately resulted in diminished credit ratings. In turn, job prospects also diminished. Pre-employment credit screenings are often standard practice and an unacceptable credit rating can be a bar to potential employment opportunities.