The National Labor Relations Board has taken a troubling position on facially neutral employment policies. Section 7 of the National Labor Relations Act guarantees workers the right to “self-organization, to form, join, or assist labor organizations, to bargain collectively…, and to engage in other concerted activities for the purpose of collective bargaining or other mutual […]
The United States Department of Labor (DOL) recently announced an increase in the minimum salary thresholds required to categorize employees as overtime exempt under the Fair Labor Standards Act (FLSA). Under the FLSA, business owners must pay overtime compensation at one and one-half times the employee’s regular rate of pay for any hours worked over […]
In a long-awaited decision, the New Jersey Appellate Division ruled in favor of Jim Prusinowski’s client, JerseyShore Reporting, that court reporters working in New Jersey through a court reporting agency, are exempt from contributing to unemployment taxes because they are not employees. Since 2013 the New Jersey Department of Labor has claimed that a court […]
EMPLOYERS: GET READY TO BE INTERACTIVE PART II As mentioned in a previous post, the ADA prohibits discrimination against individuals who have a disability. Employees who have a disability have the right to request reasonable accommodation. When the disability is obvious, the right to a reasonable accommodation is triggered even without an employee’s request. The […]
REASONABLE ACCOMMODATION OR UNDUE HARDSHIP? PART I The Americans with Disabilities Act prohibits discrimination against individuals with disabilities. Individuals who have a disability fall into at least one of the following three categories: (1) the employee who has a physical or mental impairment that substantially limits one or more major life activities; (2) the employee […]
Lawful cannabis consumption in New Jersey is on a roll. There now are twenty recreational cannabis dispensaries in the state. Recreational cannabis sales in the third quarter of 2022 alone totaled $116,572,533.
Jim Prusinowski appeared with host Erin Bruche on RVN’s Legal Breakdown, which aired on August 31, September 1 and September 3. They reviewed issues that impact business owners while engaging in day-to-day operations and managing personnel. Jim shared his experience with classifying independent contractors and responding to Department of Labor audits and claims. They reviewed […]
For years, the NJ Department of Labor has been targeting businesses it claims do not properly pay into the unemployment system for individuals engaged as employees. However, the net has become wider and bigger with the recent East Bay decision SCONJ recently issued. Many individuals establish a business with expectations of growing it into a […]
The federal Equal Employment Opportunity Commission (EEOC) administers most of our significant federal anti-discrimination laws, including the Americans with Disabilities Act (ADA). Among the ADA’s provisions is a prohibition against employers subjecting employees to “medical examinations.” An employer may subject employees to medical examinations only when it is “job related and consistent with business necessity” […]
You have or are considering using independent contractors in your business. As we have previously discussed, there are specific criteria that need to be met in order for the individual to be deemed an independent contractor. First among the factors is the individual needs to be free of control: A Test. This is to say […]
