On January 19, 2017, and on February 13, 2017, two bills (A4515 and S3014) were introduced in the New Jersey Legislature that would amend the New Jersey Law Against Discrimination to specifically prohibit employers from discriminating between employees on the basis of sex by paying “a rate of compensation, including benefits, which is less than the rate paid to employees of the other sex for substantially similar work, when viewed as a composite of skill, effort and responsibility.” The bills do provide, however, that an employer may pay its employees a different rate of compensation or provide “less favorable employment opportunities” if (1) the employer can establish that the decision to do so is based on a seniority or merit system that does not discriminate on the basis of sex, or (2) if it is based on other legitimate, bona fide factors other than sex such as training, education, experience, or the quantity or quality of production. The bills also would prohibit employers from retaliating against an employee for disclosing information about rates of compensation, job titles, occupational categories, genders, races, ethnicities, military statuses, or national origins of employees and/or former employees.
On March 7, 2016, a bill was introduced in the New Jersey Senate that, if enacted, would dramatically alter class action litigation in New Jersey. The bill, S1845, would permit litigants to immediately appeal to the Appellate Division of the Superior Court judicial determinations as to the certification or decertification of a class of plaintiffs in a class action lawsuit.
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.
The American Rescue Plan Act of 2021 has extended the tax credits available to employers with fewer than 500 employees under the Families First Coronavirus Response Act (FFCRA) through September 30, 2021. As has been the case since January 1, 2021, leave is no longer mandatory under the law, but employers may offer leave for qualifying reasons and take the tax credits on the same bases as identified in the original FFCRA, with a few modifications.