In the wake of the U.S. Supreme Court’s recent landmark decision in , the U.S. Department of the Treasury and the Internal Revenue Service (“IRS”) ruled that same-sex marriages will be recognized for federal tax purposes, even if the married couple is domiciled in a state that does not recognize…
What is Withdrawal Liability? Withdrawal liability only accrues when the employer has contributed to a defined benefit (DB) plan and the DB plan is not fully funded. It is equal to the employer’s share of a DB plan’s Unfunded Vested Benefits (UVB). Liability is triggered upon complete, partial or mass…
Employment Law Newsletter For several decades New Jersey employers with 50 or more employees have been grappling with the administration of employee leave rights – 12 weeks in any 12- or 24- month period – under the federal Family and Medical Leave Act (FMLA) and the New Jersey Family Leave…
By: Kathleen M. Connelly By unanimous decision in the recent case of (July 17, 2012), the New Jersey Supreme Court extended greater protection to employees blowing the whistle on suspected violations of law in the workplace. While the decision may have some positive implications for employers, several aspects of the…
New Jersey Courts have consistently enforced covenants not to compete (also known as restrictive covenants) contained within an employment agreement. Those covenants have traditionally been used by an employer to prevent an employee from leaving his/her employ and immediately soliciting the employer’s customers and/or clients – – many of whom…
Employment Law Newsletter As illustrated in a related article in this issue, employers who fail to comply with the FMLA’s various notice requirements may land an employer in court. Although employers are free to craft their own notices so long as they are compliant with regulatory requirements, the DOL has…
Employment Law Newsletter In , the Appellate Division of the New Jersey Superior Court recently upheld Jennifer O’Brien’s termination for conduct unbecoming a teacher by posting the following comments on Facebook: “I’m not a teacher – I’m a warden for future criminals!” and “They had a scared straight program in…
Employment Law Newsletter Twenty years after its passage, most employers are aware that the Family and Medical Leave Act (FMLA) provides qualifying employees with up to 12 weeks of job-protected leave for varying circumstances. However, employers may not be aware that the U.S. Department of Labor recently issued new rules…
Employment Newsletter On the 20th anniversary of the Family and Medical Leave Act (FMLA), the U.S. Department of Labor (DOL) issued results of a survey of 1800 employers and 2,800 employees designed to measure the law’s impact on these constituent groups. Some of the survey’s more significant findings include: Employer…
Employment Law Newsletter Effective January 1, 2013, employers using third parties to conduct applicant/employee background checks must issue an updated Fair Credit Reporting Act (FCRA) notice to affected applicant/employee. Under the FCRA, employers must issue the updated notice summarizing rights under the FCRA whenever the employer intends to obtain a…