New Jersey News & Analysis

  • DOL issues guidance on tracking, compensating telework

    The COVID-19 global pandemic has forced some employees to increase their hours spent teleworking and has required other workers to fulfill their job duties from home for the first time in their careers. This "remote workplace" paradigm shift has created new difficulties for employers seeking to comply with the Fair Labor Standards Act (FLSA).

  • Revised FFCRA regs narrow healthcare provider exemption, ease advance notice rules

    The U.S. Department of Labor (DOL) recently revised its Families First Coronavirus Response Act (FFCRA) paid leave rules in response to a New York federal court decision that struck down portions of the original rule released in April. The FFCRA, a stimulus measure enacted by Congress in March, provides eligible workers with up to two weeks of paid leave, subject to caps, for certain coronavirus-related absences, and up to an additional 10 weeks of paid leave to care for children who are at home because of school or daycare closures. The rule updates were scheduled to go into effect September 16.

  • No full court review in transgender case, 4th Circuit says

    The U.S. 4th Circuit Court of Appeals (which covers Maryland and Virginia employers) is standing by its August 26, 2020, ruling that the Gloucester County School Board's policy requiring students to use the restroom corresponding with their biological sex is unconstitutional. The rulings in Gavin Grimm's landmark case are just the most recent major decisions confirming the federal antidiscrimination laws' expanded protections in the education and employment context.

  • Philadelphia passes emergency paid leave law for many workers affected by pandemic

    The Philadelphia City Council recently passed the Public Health Emergency (PHE) Leave Bill, which Mayor Jim Kinney signed into law September 17, 2020. The bill was designed to provide supplemental paid time off (PTO) for certain purposes during the last quarter of 2020. It covers workers who must physically report to work during the COVID-19 crisis but aren't eligible for benefits under the federal Families First Coronavirus Response Act (FFCRA) or other federal or state laws.

  • New Maryland laws took effect October 1

    The following are some of the significant pieces of new legislation passed by the Maryland General Assembly last spring that took effect October 1.

  • 4th Circuit says 'promptly' means 'immediately' under USERRA

    Congress passed the Uniformed Services Employment and Reemployment Rights Act (USERRA) to protect employees who also are past or present members of the uniformed services, such as members of the military reserves. The statute requires private employers to promptly reemploy individuals who have taken time away from their work to serve in the military. What "promptly" means was the subject of a recent decision by the Richmond-based 4th Circuit, whose decisions apply to employers in Maryland, Virginia, West Virginia, and North and South Carolina.

  • Maryland employers not always liable when employee crashes company car

    Are Maryland employers always responsible when an employee has a wreck in a company car? A recent decision from the U.S. District Court for the District of Maryland provides helpful guidance on the issue.

  • Cutting-Edge HR

    Most HR pros consider themselves strategic partners, survey finds. A survey from payroll and benefits provider Paychex, Inc., released in August found that 88% of HR leaders feel they are a strategic partner within their organization, particularly as they play a vital role in navigating new regulatory challenges compounded by the COVID-19 pandemic. The 2020 Paychex Pulse of HR Survey also shows that 80% of HR professionals believe workplace technology helps support their role as a strategic contributor to the business and another 79% say technology enables their workforce to be more efficient and productive. When asked to define their role within their organizations, most HR leaders describe themselves as a "strategic partner," which rose from the fourth most common self-described role in 2019 to first in 2020.

  • Federal Watch

    DOL issues guidance on tracking teleworker hours. The U.S. Department of Labors (DOL) Wage and Hour Division (WHD) in August issued guidance clarifying an employers obligation to track the number of hours of compensable work performed by employees who are teleworking or otherwise working away from premises controlled by their employers. The guidanceField Assistance Bulletin 2020-5reaffirms an employer is required to pay its employees for all hours worked, including work not requested but allowed and work performed at home. If the employer knows or has reason to believe an employee is performing work, the time must be counted as hours worked. Confusion over when an employer has reason to believe that work is being performed may be exacerbated by the increasing frequency of telework and remote work arrangements since the last interpretive rules were issued in 1961, the DOL said in announcing the new guidance.

  • HR Technology

    Interest in virtual hiring expected to continue. The pandemic has made many employers turn to virtual hiring events, and a poll from hiring and job search platform Indeed shows that many employers are likely to continue the trend. To meet that demand, Indeed has launched Indeed Hiring Events, a way for employers to quickly and virtually hire at scale. Indeed promotes the event, screens applicants, and handles scheduling so the employer can focus on interviewing applicants and making job offers. The technology combines video conferencing with a virtual lobby for candidates that mimics the experience of an actual event for jobseekers, according to an announcement from Indeed. The employer needs to provide basic information that Indeed can use to create the event page. Then the Hiring Events technology automates and manages the rest of the event logistics.