Law and the Workplace

Tag Archives: Payroll

SCOTUS Denies Cert in Regular Rate Case; Ninth Circuit Decision Requiring Overtime on “Cash-in-Lieu” of Benefits Stands

Time ClockEven the Supreme Court doesn’t want to talk about the regular rate of pay. The City of San Gabriel, California, provides a flexible benefits plan to its employees under which they receive a designated monetary amount to be used to purchase medical, vision, and dental benefits. Employees can decline to purchase medical benefits (say, because … Continue Reading

New York Regulations on Wage Payment Methods Declared Invalid

Time ClockAs we previously reported, on September 7, 2016, the New York State Department of Labor (“NYSDOL”) published final regulations on the methods by which employees must be paid, including with respect to direct deposit of wages and payroll debit cards.  These regulations–to be codified in 12 NYCRR Part 192–were scheduled to take effect on March … Continue Reading

Proposed Regulations Issued for New York State Paid Family Leave Law

Leave of absence formThe New York Workers Compensation Board has issued a proposed rule for implementation of the statewide Paid Family Leave Law (“PFLL”), which goes into effect on January 1, 2018. As we previously reported, the PFLL will require employers to provide all eligible full- and part-time employees with paid, job-protected leave to: (i) care for a … Continue Reading

Winter Is Coming—Wage and Hour Considerations During Weather-Related Emergencies

Time ClockWith winter storms around the corner, it’s the right time to revisit employer rights and responsibilities during a weather-related emergency or other major disruption.  We discuss below some typical scenarios that you are likely to face during weather-related or other emergencies, and the consequences under the wage and hour laws. “Our office was closed for … Continue Reading

Can I Pay with a Card? – Proposed Restrictions on NY Employers’ Use of Payroll Cards

Payroll cards (i.e., debit cards onto which employee wages can be loaded) provide an alternative to more traditional forms of wage payment such as paper checks or direct deposit. Payroll card programs can offer cost-saving benefits to employers as well as benefits for employees, especially those who do not have personal checking accounts. These benefits … Continue Reading

New Jersey Issues Forms to Acknowledge Receipt of Pay Equity Notice

As noted in our past client alerts, whenever this notice is distributed to an employee, the employer must include an acknowledgment that the employee has received it, and has read and understood its terms. The acknowledgment must be signed by the employee, in writing or by means of electronic verification, and returned to the employer … Continue Reading

New Jersey Issues Spanish Translation of New Pay Equity Notice to Post and Distribute

Proskauer recently issued a client alert on the release of New Jersey’s new pay equity notice in English. Now available on the New Jersey Department of Labor and Workforce Development Web site is the Spanish translation. As a reminder, covered employers must post and distribute the notice in English, Spanish, and any other language for which … Continue Reading

The Beginnings of a New Trend? New Jersey Proposes to Protect Unpaid Interns From Employment Discrimination

On December 5, 2013, the New Jersey State Senate introduced S-3064 to protect unpaid interns from employment discrimination by amending the Law Against Discrimination, the Conscientious Employee Protection Act and the Worker Freedom from Employer Intimidation Act. New Jersey’s employment discrimination laws are already among the most expansive in the country, so if this new … Continue Reading

New Jersey Issues Pay Equity Notice to Post and Distribute

On September 19, 2012, New Jersey Governor Chris Christie signed A2647 into law requiring employers in the State of New Jersey with 50 or more employees to post and distribute a notice detailing “the right to be free of gender inequity or bias in pay, compensation, benefits or other terms or conditions of employment” under … Continue Reading

New York State Amends Labor Law to Protect Child Models

Runway and print models under the age of 18 are now considered “child performers” under an amendment to the New York Labor Law, Art. 4-A, §§ 150-154 signed by Governor Cuomo on October 21, 2013. This amendment is significant because it provides child models the same protections under the labor law as other young entertainers, including child … Continue Reading

More Practical Employment Law Issues Facing Government Contractors as the Federal Government Shutdown Continues

As the federal government shutdown enters its third week, it remains unclear when a deal will be forged. We have been helping government contractors navigate the difficult legal issues raised by the continued government shutdown and previously published an alert, Practical Employment Law Issues Facing Government Contractors in the Wake of the Federal Government Shutdown, … Continue Reading

New Jersey Pay Equity Measure Says No Reprisals Against Employees Requesting Information About Co-Workers

On August 28, 2013, New Jersey Governor Chris Christie signed A-2648 to add a new non-retaliation pay equity measure to the Law Against Discrimination (“LAD”) (hereinafter, the “amendment” or “law”). The amendment prohibits an employer from retaliating against any employee who requests information concerning the job title, occupational category, rate of compensation (including benefits), gender, … Continue Reading

Illinois Expands Employee Classification Act

On July 23, 2013, Illinois Governor Pat Quinn (Dem.) signed into law two amendments to the Employee Classification Act, a law that regulates the classification of workers in the construction industry.  The Act imposes a three-pronged test to determine independent contractor status for individuals, along with a 12-part test for individuals operating as sole proprietors … Continue Reading

NJ Trucker Law

On Thursday, May 30, 2013, the New Jersey Senate gave final legislative approval to a controversial bill to establish a presumption that port and parcel delivery truck drivers are employees of the companies for which they make deliveries.  If the bill is signed into law, such drivers will no longer be considered independent contractors – … Continue Reading

Connecticut IC Trucker

On June 24, 2013, Connecticut Governor Dan Malloy signed into law the “Act Concerning Certain Motor Vehicles and Eligibility for Unemployment Benefits” after lawmakers unanimously approved the measure.  The law, which takes effect on October 1, will make it easier for independent truck operators in the state to be deemed independent contractors for purposes of … Continue Reading
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