On April 15, 2011, a public hearing was held in Trenton on a proposed amendment to N.J.A.C. 12:56-6.1 that concerns exemptions from overtime for executive, administrative, professional, and outside sales employees. The New Jersey Department of Labor is proposing to repeal its existing rules regarding these exemptions (which are, in certain respects, more onerous for employers than the FLSA exemptions) and replace them with the federal overtime exemption regulations. The goal is to eliminate any inconsistencies between the federal and state rules on this topic.
In-House Counsel Given Wider Latitude To Represent Officers, Employees And Directors Doing Company Business
On July 15, 2008, the state Supreme Court amended Rule 1:27-2 to permit in-house counsel to represent their companies’ employees, directors, officers, partners and shareholders in matters affecting their companies. The change does not, however, permit in-house attorneys to represent individuals in personal matters, nor does it relieve them of the obligation to avoid conflicts
On March 27, 2014, the New Jersey Senate passed the Unfair Wage Recovery Act (S783), which would amend the New Jersey Law Against Discrimination to provide that an unlawful employment practice occurs each time an individual is affected by application of a discriminatory compensation decision.
Inconsistent Reasons for Termination Allow Pregnant Employee’s Discrimination Case to Proceed to Jury
The Seventh Circuit Court of Appeals recently overturned a lower court’s grant of summary judgment in favor of a home care agency, holding that a jury should be allowed to determine whether the agency’s reasons for firing an employee were, in fact, a pretext for pregnancy discrimination. Hitchcock v. Angel…..