Law and the Workplace
Carolyn M. Dellatore

Carolyn M. Dellatore

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New Jersey’s Minimum Wage Rises to $8.38 in the New Year

Due to to an increase in the Consumer Price Index (CPI), New Jersey’s minimum wage will rise to $8.38 per hour starting January 1, 2015.  This is the second consecutive year that the state’s minimum wage will increase.  Per our prior client alert, last year New Jersey voters approved a constitutional amendment that increased the … Continue Reading

Rhode Island Establishes Tip Line For Worker Misclassification

Rhode Island’s Joint Task Force on the Underground Economy and Employee Misclassification announced earlier this month that it has set up an anonymous telephone tip line for reporting allegations of independent contractor misclassification.  The Task Force was established to reduce worker misclassification.  It consists of representatives from Rhode Island’s Department of Labor and Training (DLT), the … Continue Reading

New Hampshire Department of Labor and U.S. DOL Agree to Work Together Against Misclassification

The U.S. Department of Labor (“U.S. DOL”) and the New Hampshire Department of Labor recently signed a memorandum of understanding to share information regarding independent contractor misclassification.  The agreement is part of the U.S. DOL’s Misclassification Initiative, with the goal of preventing, detecting, and remedying employee misclassification.  Just last month Alabama’s Department of Labor entered into … Continue Reading

Four States and Two Cities Hike Their Minimum Wage Rates

Four States and Two Cities Hike Their Minimum Wage Rates Somewhat overlooked in this week’s election were the minimum wage referenda on the ballots in a number of states.  Continuing a growing national trend, voters in Alaska, Arkansas, Nebraska and South Dakota approved proposals to increase their states’ minimum wage rates on Tuesday.  In addition, … Continue Reading

$10.2 Million Awarded by DOL to Detect Worker Misclassification

Recently, the U.S. Department of Labor announced awards of $10,225,183 in grants to 19 states to implement or improve worker misclassification detection and enforcement initiatives in their unemployment insurance programs.   California, Delaware, Florida, Hawaii, Idaho, Indiana, Maryland, Massachusetts, New Hampshire, New Jersey, New Mexico, New York, Oregon, South Dakota, Tennessee, Texas, Utah, Vermont, and Wisconsin … Continue Reading

“Black Car” Drivers Found to be Independent Contractors

Recently, courts in highly-publicized independent contractor misclassification cases in the transportation sector have issued determinations finding the workers to be employees.  However, a recent decision from the Southern District of New York demonstrates that there are independent contractor business models in the sector that will be upheld by the courts.  In Saleem v. Corporate Transportation … Continue Reading

DOL Delays Home Care Rule Enforcement

The Department of Labor’s Wage and Hour Division (WHD) recently announced that it will delay bringing enforcement actions against employers who violate the new minimum wage and overtime requirements imposed by the home care regulations that take effect on January 1, 2015.  The controversial rule, announced on September 17, 2013, extends federal minimum wage and … Continue Reading

Connecticut Moves Toward Highest Minimum Wage of Any State in the Country

On March 27, 2014, Connecticut Governor Dannel Malloy signed a law that is poised to make Connecticut’s minimum wage the highest of any state in the nation by 2017. Employers should read this alert to ensure compliance with the new minimum wage rates once they take effect.   Read the full text of this alert.… Continue Reading

Will New Jersey Raise the Minimum Wage for Tipped Workers?

On March 24, 2014, the New Jersey Assembly Labor Committee advanced a bill (A857) that, should it become law, would raise dramatically the state’s minimum wage for tipped workers.  Currently, New Jersey employees who receive tips or gratuities must be compensated at no less than the minimum federal tip credited hourly wage of $2.13.  Under … Continue Reading

Raising Wages by Tightening the White-Collar Overtime Exemptions–The President’s Initiative

Last week, President Obama directed the U.S. Department of Labor to revise and modernize the “white- collar” overtime exemptions of the Fair Labor Standards Act to extend overtime benefits to a broader range of workers. This alert summarizes the President’s Memorandum, outlines what employers might expect in the coming months, and reminds employers to remain proactive … Continue Reading

D.C. Expands Paid Sick Leave Law

  D.C.’s Earned Sick and Safe Leave Amendment Act of 2013 significantly broadens the scope of the Accrued Sick and Safe Leave Act of 2008 (the “ASSLA”) by covering more employees, as well as imposing additional recordkeeping requirements. The Amendment took effect last week but it will not apply to employers until a statement of its … 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 Raises Minimum Wage by Constitutional Amendment

A constitutional amendment to raise the New Jersey minimum wage to $8.25 per hour, starting on January 1, 2014, was overwhelmingly approved by voters on November 5, 2013 (by a 61 percent to 39 percent margin). The amendment further mandates an automatic yearly increase based on the Consumer Price Index beginning on September 30, 2014. … Continue Reading
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