New Jersey News & Analysis

  • Know the legal issues you face when employees work past 65

    According to the Bureau of Labor Statistics (BLS), about one-third of Americans between the ages of 65 and 69 are still employed. That number has been steadily rising, and it's expected to reach 36 percent over the next five years.

  • Walmart greeter fiasco provides important employment lessons

    Have you ever walked into a Walmart and been greeted by an employee—frequently disabled or elderly—who seemed to have no responsibilities other than to welcome customers to the store? Did you ever wonder what the point of the position was or why a corporation the size of Walmart would pay so many people to do it?

  • Agency Action

    DOL announces new compliance assistance tool. The U.S. Department of Labor (DOL) in February announced the launch of an enhanced electronic version of the Handy Reference Guide to the Fair Labor Standards Act (FLSA). The new online version of Wage and Hour Division (WHD) publications aims to assist employers and workers with a resource that provides basic WHD information as well as links to other resources. The WHD established the electronic guide as part of its efforts to modernize compliance assistance materials and provide accessible information to guide compliance. The tool offers a new design—reformatted for laptops, tablets, and other mobile devices—and provides additional resources and related information, including plain-language videos.

  • Workplace Trends

    Most professionals negotiate salary offers, survey finds. Research from staffing firm Robert Half finds that 55% of professionals surveyed tried to negotiate a higher salary with their last employment offer, a 16-point jump from a similar survey released in 2018. Among workers in the 28 U.S. cities polled, Miami, San Diego, and San Francisco had the most respondents who asked for more pay, while Minneapolis, Philadelphia, and Cleveland had the fewest. A separate survey showed that 70% of senior managers said they expect some back-and-forth on salary. About six in 10 are more open to negotiating compensation than they were a year ago.

  • A treatment plan for negative online employee reviews

    The Wall Street Journal recently reported on its discovery that, after analyzing millions of online reviews of various companies by their current and former employees, it appeared that more than 400 employers might be gaming the system. Each of the companies experienced unusually large single-month increases in the number of reviews posted by their employees to the jobs website Glassdoor. The surges tended to be disproportionately positive not only for the months in which they occurred but also by comparison to the surrounding months. The clear implication was that someone in a position of authority at the companies had spearheaded a campaign to get employees to post positive reviews to the site in an effort to counteract the overwhelmingly negative ones already posted.

  • Workplace Trends

    Report notes big rise in diversity of Fortune 500 boards. A multiyear study of Fortune 500 companies has found big gains in diversity on company boards. The study, titled "Missing Pieces Report: The 2018 Board Diversity Census of Women and Minorities on Fortune 500 Boards," from the Alliance for Board Diversity, in collaboration with Deloitte, says that the number of Fortune 500 companies with better than 40% diversity has more than doubled from 69 to 145 since 2012. Representation of women and minorities on Fortune 500 boards reached an all-time high at 34%, compared to 30.8% in 2016. Total minority representation increased to 16.1% from 12.8% in 2010, the first year Fortune 500 data was captured. The report's findings point to the increase being driven by Fortune 100 companies, which have 25% women and 38.6% women and minorities. Fortune 500 companies lag behind, with 22.5% women and 34% women and minorities.

  • Snow days: Must you pay when inclement weather keeps workers home?

    In anticipation of snow season, many New Jersey employers have been trying to figure out if and when they must pay employees during work shutdowns caused by severe weather conditions. For the most part, the answer depends on an employee's status under the Fair Labor Standards Act (FLSA). You must carefully follow the appropriate FLSA regulations and guidance. Otherwise, you could jeopardize an employee's exempt status. Here are some guidelines to help you determine whether to pay employees on snow days—or in any other condition that causes an unexpected workplace closing.

  • Do you have a ghost of a chance against ghosting?

    If you're like us (and Seth Meyers), you might have a hard time keeping up with all the latest slang terms having to do with new technologies and trends in social interactions and other aspects of modern life. One such term is "ghosting," which is when a person just stops responding to text messages, usually from someone they recently started dating. The term has slowly spread to other situations in which one person suddenly disappears from another person's life, including—you guessed it—when an employee or job applicant is a no-show with no communication or explanation to the employer.

  • Agency Action

    NLRB names new solicitor. The National Labor Relations Board (NLRB) in December announced the appointment of Fred B. Jacob as its new solicitor. The solicitor is the chief legal adviser and consultant to the Board on all questions of law regarding its general operations and on major questions of law and policy concerning the adjudication of NLRB cases in the courts of appeals and the U.S. Supreme Court. The solicitor also serves as the Board's legal representative and liaison to the General Counsel and other offices of the agency. Jacob has spent more than two decades practicing labor law and advising federal agencies on ethics, administrative law, and government operations.

  • Workplace Trends

    Survey finds lack of understanding of when workers will retire. U.S. employers are rethinking their approach to managing the retirement patterns of their workforces, according to a study from Willis Towers Watson. The 2018 Longer Working Careers Survey found that 83% of employers have a significant number of employees at or nearing retirement, but just 53% expressed having a good understanding of when their employees will retire. Additionally, while 81% say managing the timing of their employees' retirements is an important business issue, just 25% do that effectively. The survey found that 80% of respondents view older employees as crucial to their success.