Fifth Circuit Rules Day Rate Compensation Does Not Satisfy Requirement of Payment on a Salaried Basis for Exempt Status

The issue of the proper application of the highly compensated employee exemption under the Fair Labor Standards Act (FLSA), as it applies to employees paid on a “day-rate” basis in the oil and gas industry, has been a hotly debated issue in recent years, especially in the Fifth Circuit Court of Appeals.

New Jersey Cannabis Regulatory Commission’s Rules and Regulations for CREAMMA Are Here: What Employers Need to Know

As we previously reported, on February 22, 2021, Governor Phil Murphy signed into law the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), which, among other things, legalized the recreational use of marijuana in New Jersey for adults age 21 and older. In addition, CREAMMA imposed on employers certain obligations with respect to marijuana and the workplace, including certain antidiscrimination and drug testing provisions.

WARNing—Burdensome New Jersey WARN Act Amendments May Soon Become Effective

There is light at the end of the pandemic tunnel for New Jersey employers, as the state’s COVID-19 numbers continue to decline and Governor Philip Murphy continues to ease restrictions on businesses. But this good news comes with a dose of serious bad news for New Jersey employers too. The state previously adopted amendments to the New Jersey Act (officially known as the Millville Dallas Airmotive Plant Job Loss Notification Act), which require employers to provide 90 days’ notice before the first employee is discharged as part of a mass layoff, termination of operations, or transfer of operations.

New Jersey Division on Civil Rights Proposes to Amend and Readopt Expiring Family Leave Rules

The New Jersey Division on Civil Rights (DCR) is the state agency responsible for enforcement of the New Jersey Family Leave Act (NJFLA). The NJFLA provides eligible employees up to 12 weeks of job-protected leave during any 24-month period: (1) to bond with a child within 1 year of the child’s birth or placement for adoption or foster care; (2) to provide care to a family member or one who is the equivalent of a family member who has a serious health condition or has been isolated or quarantined because of suspected exposure to a communicable disease during a state of emergency; or (3) to provide care or treatment for a child if the child’s school or place of care is closed by order of a public official due to an epidemic of a communicable disease (such as COVID-19) or other public health emergency.

Recreational Marijuana Is Legal in New Jersey: What Employers Need to Know

On February 22, 2021, New Jersey Governor Phil Murphy signed into law the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA). Among other things, the 240-page measure legalizes the recreational use of marijuana for adults age 21 and older and—unfortunately for employers—places significant burdens on companies doing business in New Jersey with respect to marijuana and the workplace.

Marijuana Ballot Initiatives Approved in Five States: What This Budding Trend Means for Employers

On November 3, 2020, five states had initiatives on the ballot to legalize the recreational and/or medical use of marijuana, and all five initiatives easily passed. Arizona, Montana, and New Jersey voted in favor of legalizing the possession and recreational use of marijuana for adults aged 21 years and older. In addition, South Dakota became the first state to legalize both medical and recreational marijuana at the same time. Mississippi voted to legalize medical marijuana. Employers may want to consider the impact of these new laws, as well as watch for new developments.

New Jersey Governor Issues New COVID-19 Health and Safety Protocols for Employers

In an effort to combat the recent rising COVID-19 numbers in the New Jersey, Governor Phil Murphy signed Executive Order (EO) No. 192 on October 28, 2020, mandating health and safety protocols for employers with employees, customers, or other visitors on-site. While many of these protocols have been required in certain industries under prior executive orders, all employers must now adhere to the protocols effective Thursday, November 5, 2020.

Time to Vote: Employee and Employer Voting Leave Rights and Obligations for the 2020 Elections

Elections in the United States are scheduled for Tuesday, November 3, 2020. Not only will the office of president of the United States be contested, but all 435 seats in the U.S. House of Representatives and 35 of the 100 seats in the U.S. Senate are up for grabs. At the state level, elections will be held for the governorships of 11 U.S. states and 2 U.S. territories.

Employers, Don’t Let Your Guard Down: COVID-19–Related Employment Lawsuits Are in Full Swing

We previously reported on COVID-19–related employment lawsuits that we tracked from late March 2020 through early May 2020. Since then, the number of lawsuits has steadily risen as employers have resumed operations after shelter-in-place or stay-at-home orders were lifted and students returned to school in virtual or hybrid environments. To track this litigation and to identify trends, we developed an Interactive COVID-19 Litigation Tracker that details where COVID-19–related litigation is taking place by state, the industries affected, and the types of claims asserted against employers and educational institutions.

New Jersey Enacts COVID-19 Workers’ Compensation Presumption Bill for Essential Workers

On September 14, 2020, New Jersey Governor Phil Murphy signed Senate Bill (SB) 2380 into law. SB 2380 creates a rebuttable presumption of workers’ compensation coverage for COVID-19 cases contracted by “essential employees” during a public health emergency declared by an executive order of the governor. The law is effective immediately and retroactive to March 9, 2020.

Marijuana Legalization Update for 2020: A Primer on the Latest Medicinal and Recreational Use News

In the past several years, marijuana legalization has become an increasingly difficult issue for employers to navigate. Marijuana legalization raises challenging workplace questions related to drug testing, disability accommodation, workplace safety, hiring, and employment termination, among other issues. Because of the fast-evolving nature of marijuana laws, and the wide variance in laws and protections from state to state, employers have struggled to keep up.

New Jersey Supreme Court Confirms Enforceability of Employment Arbitration Agreements With Class Action Waivers Exempted Under FAA

On May 21, 2018, in Epic Systems Corporation v. Lewis, the Supreme Court of the United States upheld class action waivers in arbitration agreements, ruling that the Federal Arbitration Act (FAA) instructs “federal courts to enforce arbitration agreements according to their terms—including terms providing for individualized proceedings.” On July 14, 2020, the Supreme Court of New Jersey handed down a landmark decision of its own upholding the enforceability of employment arbitration agreements with class action waivers under the New Jersey Arbitration Act (NJAA), even if the agreements are exempted from the coverage of the FAA, by virtue of the FAA’s Section 1 “transportation worker exemption.”

New Jersey Issues Executive Order No. 142 on Non-essential Construction Projects and Non-essential Retail Businesses

Two weeks after announcing “The Road Back: Restoring Economic Health Through Public Health” plan, New Jersey Governor Philip Murphy signed Executive Order (EO) No. 142  on May 13, 2020, permitting non-essential construction projects and non-essential retail businesses to reopen effective 6:00 a.m. on May 18, 2020. This is Governor Murphy’s first step in restarting New Jersey’s economy since he issued the stay-at-home mandate in EO No. 107on March 21, 2020.

New Jersey Expands State Family Leave Act and Family Leave Insurance Act to Provide Coverage for COVID-19 Leave

In response to the ongoing coronavirus pandemic, on April 14, 2020, New Jersey Governor Phil Murphy signed into law Senate Bill 2374 (S2374), which amends the New Jersey Family Leave Act (NJFLA) and the New Jersey Family Leave Insurance law (NJFLI) to provide job-protected,  paid leave to care for family members quarantined due to COVID-19, and amends the NJFLA to provide for  job-protected  unpaid leave to care for children due to COVID-19 school closures.  The legislation also allows employers to seek certification relating to these expanded categories of leave, allows highly paid employees to take leave if the leave is COVID-19 related, and provides that COVID-19-related leave may be taken on an intermittent basis.

New Jersey Closes all Non-Essential Construction Projects

On April 8, 2020, New Jersey Governor Phil Murphy signed Executive Order No. 122, requiring the closure of all non-essential construction projects beginning at 8:00 p.m. on Friday, April 10, 2020. The executive order does not define “non-essential construction project”; instead, it lists the following “essential construction projects” that may continue to operate.

New Jersey Adds to List of “Essential” Retail Businesses Permitted to Remain Open Pursuant to Executive Order 107

We recently reported that on March 21, 2020, Governor Philip D. Murphy’s Executive Order (EO) No. 107 ordered that all non-essential retail businesses close their physical locations in New Jersey until further notice effective immediately. On March 30, 2020, New Jersey expanded, for the second time, the list of essential retail businesses whose physical locations are permitted to continue operating during their normal business hours (which were originally included in EO 107’s order to close “nonessential” businesses to prevent the further spread of COVID-19).

New Jersey Expands the List of Essential Retail Businesses Permitted to Remain Open in Accordance With Executive Order 107

On March 21, 2020, New Jersey Governor Phil Murphy issued Executive Order No. 107 (EO 107), which ordered all nonessential retail businesses to close their physical locations in New Jersey until further notice. Then on March 24, 2020, the state expanded the list of essential retail businesses whose physical locations are permitted to continue operating during their normal business hours.

New Jersey Governor Issues Stay Home Executive Order Closing Non-Essential Retail Businesses

On March 21, 2020, Governor Phil Murphy signed Executive Order (EO) No. 107, requiring New Jersey residents to stay at home and closing the physical location of any non-essential retail business so long as the order stays in effect. Although their “brick-and-mortar” locations must remain closed, businesses may continue to operate their online and telephone delivery services to the extent they are licensed to do so. The order went into effect on March 21, 2020, at 9:00 p.m.

Keeping Up With New Jersey Employment Law Developments

It was a busy January 2020 in Trenton, with the state enacting several new employment laws, with more apparently on the way. This is in addition to the slew of new laws adopted in 2019 impacting New Jersey employers. Here’s a summary of recent employment law developments in New Jersey just one month into 2020, a look at what may be on the way, and a recap of 2019’s changes.