On September 27, 2012, a bill (A3310) was introduced that seeks to place onerous requirements on employers that engage independent contractors (for $600 or more), and that would impose significant damages and penalties for noncompliance with pay arrangements. First, the bill requires that the work terms between the independent contractor and the client must be in writing, signed by both the client and the independent contractor with the agreement kept on file by the client for a period of six years. Second, the work terms must include a description of how compensation is calculated, earned, and payable. Third, the bill requires that independent contractors be paid, in accordance with the work terms, no later than the last day of the month following the month in which the compensation was earned. Finally, the bill would allow the Commissioner of the New Jersey Department of Labor (NJDOL) or any independent contractor to bring an administrative or civil action for unpaid compensation, and in addition to standard damages, either the Commissioner or a court would have the authority to assess liquidated damages of up to 100 percent of the compensation found to be due, plus attorneys’ fees.
Unless you have been living under a rock, you should know by now that on August 21, 2017, a total solar eclipse will cross the continental United States, coast to coast. While the entire country will experience a partial eclipse, a total eclipse will occur along a roughly 70-mile-wide band, referred to as the “path of totality,” which spans parts of 14 states.
New California Law Allows Employers to Correct Wage Statements to Avoid Litigation—Review Your Wage Statements Now
On October 2, 2015, Governor Jerry Brown signed into law Assembly Bill 1506 (AB 1506). The new law amends the California Private Attorneys General Act (PAGA) to allow employers the right to “cure” certain commonly litigated defects in employee wage statements within 33 days of notice by the employee in order to avoid litigation. The cure provisions for wage statements, which can be onerous, apply only to California Labor Code section 226(a)(6)—which requires employers to specify the inclusive dates of the period for which the employee is paid—and section 226(a)(8) —which requires employers to state the name and address of the “legal entity” that is the employer. AB 1506 is urgency legislation and therefore effective immediately.
On March 22, 2016, National Labor Relations Board (NLRB) General Counsel Richard Griffin released Memorandum GC 16-01, entitled “Mandatory Submissions to the Division of Advice.” The memorandum instructs the Board’s regional attorneys to submit certain high profile cases to the general counsel’s Division of Advice before taking action. As such, the memorandum reflects those priority areas in which the general counsel is likely to seek to change the law.