Tag Archives: NJ employment attorney

The New Paid Sick Leave Law in New Jersey & Other Hot Topics Employers Need to Know

AEG.JSC Sick Leave Law Seminar - LinkedIn 1200x627

Click here to RSVP.

On October 29th, New Jersey’s new paid sick leave law goes into effect requiring nearly all private-sector businesses to provide employees with paid sick time, regardless of the size of the business or the number of hours an employee works. Are you in compliance? Most businesses are not and will need to adopt new policies.

Get a head start on this and join me and my colleague on Thursday, October 18th for a seminar analyzing and discussing the impact of the new sick leave law changes and what it means for NJ employers.

Other hot topics in employment law will include:

  • Medical marijuana in the workplace
  • New Jersey’s Equal Pay Act
  • Update on disability and mental health in New Jersey
  • Wage & hour laws and the pitfalls of an independent contractor

Speakers:

  • Adam E. Gersh, Labor & Employment Shareholder, Flaster Greenberg PC
  • Jeremy Cole, Labor & Employment Attorney, Flaster Greenberg PC

Date & Time:

Thursday, October 18, 2018
Registration and Networking:  8:00 – 8:30 a.m.
Seminar and Q&A: 8:30 – 9:30 a.m.

Location:

Flaster Greenberg PC’s Cherry Hill Office
1810 Chapel Ave West
Cherry Hill, NJ 08002

Credits:

Attorneys: 1 substantive PA CLE credit (NJ reciprocal)
Accountants: 1 PA & NJ CPE credit
Human Resource Professionals: 1 HRCI credit

Facebook Live:

Not able to make it in person? You’ll still be able to attend the presentation via Facebook Live! Tune into FG’s Facebook Page on October 18th at 8:30 a.m. to hear from our panelists as they navigate through the new law and help you identify the strategy that best suits your business.

*Please note that attendees must be present in-person to be eligible for Pennsylvania and New Jersey CPE, HRCI and substantive Pennsylvania CLE credit.

Severance Agreement Requirements for Older Workers

During a layoff or non-voluntary reduction in force, the topic of how much time employers need to give employees to consider severance packages and what disclosures must be made creates considerable confusion in the media, with much being made of employers’ supposed failure to make required disclosures (see example). Here is the deal: if employers are subject to the Age Discrimination in Employment Act (“ADEA”) (generally, private employers with 20 or more employees), and ask employees who are 40 years of age or older to release ADEA claims in exchange for a severance package that is part of a termination, then they must abide by specific regulations. Those regulations are meant as safeguards for employees protected under the Older Worker Benefit Protection Act (“OWBPA”) which amended the ADEA. That means covered employers may need to give employees up to 21 days to consider the severance offer, or 45 days in the case of a layoff of more than one employee, and a seven-day period after signing to revoke the release of the ADEA/OWBPA claims. Also, employers have a duty to disclose the age and title of the workers who are chosen for layoff and the selection criteria. The OWBPA has additional requirements and there are other best practices an employer’s counsel can and should use when drafting a release to help guard against challenges, so it is always best to consult an attorney familiar with these types of matters so that the employer gets the broad release they are seeking in exchange for severance. Employers who are not covered by the ADEA and employers who are conducting a layoff of employees who are not protected by the ADEA do not have to rigidly adhere to these requirements. In the case of a separation that is not part of a reduction in force, (for instance, a termination for cause) the employer may not need to abide by these rules either. Even if the ADEA/OWBPA rules do not apply, employers are wise to give employees a reasonable period of time to consider a severance package to help protect against arguments that the waiver of claims should be unenforceable because of coercion or other reasons.

Savvy employer takeaways: Employers should know what is and what is not required to make their separation agreements and releases enforceable and should use reasonable means to give employees enough time to thoughtfully consider them.

Questions? Let me know.

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