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When: Tuesday, August 13, 2019 | 1:00pm-2:30pm EDT

Where: Live Webinar

Archer Faculty: José M. Jara, Esq., Partner

Overview: This CLE webinar will provide counsel with a review of ERISA requirements for written plan documents and summary plan descriptions (SPDs). The panel will explain how plan sponsors and their counsel can create a wrap plan and SPD documents as an effective and cost-efficient means of ensuring compliance. The panel will also address summary of benefits and coverage (SBC) for group health plans.

For more information and to register, click here.

The post ERISA Benefit Plan Wraps and SPDs: Structuring and Amending Compliant Plan Documents and Notices appeared first on Archer & Greiner.

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When: September 8-11, 2019

Where: New Orleans, Louisiana

Archer Faculty: José M. Jara, Esq.

WEDNESDAY, SEPTEMBER 11 (10:45-11:45 a.m. Concurrent Sessions)

How to Properly Conduct an RFP
Speaker: Jose Jara, Partner, Archer & Greiner, P.C., New York, New York

With the continued wave of ERISA fee class action lawsuits, it is critical that plan sponsors and fiduciaries properly select—and monitor—their service providers. One way to ensure this is by periodically taking the plans out to bid. The session will go over critical questions and issues to address during the RFP process, as well as recent court case examples in which the plaintiffs argued that the RFP process was flawed, leading to excessive fees paid by the plan. Get best practices and know the traps for fiduciaries to avoid.

Overview: The Symposium features 2½ days of keynote, breakout and discussion sessions covering a variety of employee benefits topics, curated by your peers and presented by industry experts. You’ll leave with actionable strategies and takeaways on the benefits issues and trends affecting your plan participants.

Click here to view the Symposium flyer for more information and to learn how to register.

The post 38th Annual ISCEBS Employee Benefits Symposium appeared first on Archer & Greiner.

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When: Wednesday, May 1, 2019 | 8:00 AM to 10:30 AM

Where: Tavistock Country Club, Haddonfield, NJ 08033

Archer Faculty:

Overview: This course will cover the amendments to Family Leave and new laws about arbitration and confidentiality in settlement/severance agreements, minimum wage law changes, and pay equity law. Attend this program to find out about late 2018 and early 2019 laws affecting your business.

TOPICS:

New Laws Affecting Time Off for Your Employees (David A. Rapuano, Esquire)

In 2018 and 2019, New Jersey passed new laws, and amended existing laws, that will give more time off to your employees.  This presentation will cover: (1) 2019 amendment expanding New Jersey’s family leave law to numerous family members beyond immediate family; (2) 2019 amendment making New Jersey’s family leave available to employers who employ as little as 30 employees; (3) 2019 expansion of New Jersey’s Family Leave Insurance to provide greater benefits and greater employee protections; and (4) the latest on New Jersey’s 2018 paid family leave law and regulations.


Other New Laws Affecting Employers (
Peter L. Frattarelli, Esquire)

In 2018 and 2019, New Jersey passed other new laws that, at times, represent a dramatic departure from the norm.  This presentation will cover (1) 2019 #MeToo-era law that restricts the use of confidentiality and non-disparagement clauses in severance or settlement agreements; (2) 2019 minimum wage law changes, including New Jersey’s “road to $15” minimum wage; (3) 2018 pay equity law.

EDUCATION CERTIFICATIONS:

  • HR Certification Institute – Pre-Approved for 2.0 (General) recertification credit hours.
  • New Jersey CLE: 2.4 credits requested (General)
  • Pennsylvania CLE: 2.0 credits requested (Substantive)
For more information and to register, click here.

The post New 2019 New Jersey Employment Laws – Everything You Need To Know appeared first on Archer & Greiner.

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(Click here for printable PDF)

New Jersey’s Governor Phil Murphy earlier this week signed a sweeping law that will eventually increase New Jersey’s minimum wage to $15 per hour by 2024 for most employers. One of the Governor’s signature campaign promises has now been fulfilled, making New Jersey the third most-populous State in the country to enact a $15 minimum wage rate.

New Jersey’s current minimum rate is $8.85 per hour, a rate that just increased on January 1, 2019 under the existing law that increases the minimum wage annually based on inflation. This new law signed this week will increase the minimum wage significantly on July 1, 2019 to $10.00 per hour. Each July 1 after that – again for most employers — the minimum wage will increase by at least $1.00 per hour until July 1, 2024 when it will be at least $15 per hour.

We say “at least” because the law also provides that the minimum wage could increase by more than $1 per hour in any year where inflation would require more than a $1 per hour increase. Practically speaking, however, that type of increase would require a highly aggressive annual inflation rate of 7% to 10%. So, unless there are highly unusual rates of inflation, the minimum wage rates in New Jersey in the future should be:

•July 1, 2019: $10 per hour
•January 1, 2020: $11 per hour
•January 1, 2021: $12 per hour
•January 1, 2022: $13 per hour
•January 1, 2023: $14 per hour
•January 1, 2024: $15 per hour

After July 1, 2024, as with the current law, the minimum wage rate will increase according to the rate of inflation as established by the national Consumer Price Index.

The new minimum wage law applies to virtually all New Jersey employers. Seasonal employers, employers with 5 or fewer employees, and employers of farm laborers are given an additional 2 years for most of the changes. Those employers would see an increase to $10.30 on January 1, 2020, with $0.80 increases each January 1 until 2025, and then an increase to $15 per hour on January 1, 2026. Interestingly, this new law also makes New Jersey’s minimum wage laws applicable to all governmental employees for the first time.

According to the New Jersey Department of Labor and Workforce Development, approximately 100,000 workers in New Jersey earn minimum wage now. Estimates are that as many as 1 million New Jersey workers will eventually be affected by these increases by 2024. Numerous States and cities nationwide have passed laws to increase minimum wage rates, including several states that are also increasing the rate to $15 per hour, such as California and New York. New York and Delaware are currently at $11.10 per hour, with provisions to increase those over time. Pennsylvania remains at the federal level of $7.25 per hour.

If you have questions about compensation practices or policies please contact any member of Archer & Greiner’s Labor and Employment Group in Haddonfield, N.J., at (856) 795-2121, in Princeton, N.J., at (609) 580-3700, in Hackensack, N.J., at (201) 342-6000, in Philadelphia, Pa., at (215) 963-3300, or in Wilmington, Del., at (302) 777-4350.

DISCLAIMER: This client advisory is for general information purposes only. It does not constitute legal or tax advice, and may not be used and relied upon as a substitute for legal or tax advice regarding a specific issue or problem. Advice should be obtained from a qualified attorney or tax practitioner licensed to practice in the jurisdiction where that advice is sought.

The post New Jersey Passes Law To Eventually Increase Minimum Wage To $15 Per Hour appeared first on Archer & Greiner.

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Archer Employment Law by Labor & Employment Group - 6M ago

The post HR BOOT CAMP appeared first on Archer & Greiner.

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(Click here for printable PDF)

On January 15, 2019, the United States District Court for the District of New Jersey held that the New Jersey Diane B. Allen Equal Pay Act (“NJEPA”) only applies prospectively to conduct that is alleged to have occurred on or after its effective date – July 1, 2018. The State’s Legislature passed the NJEPA last spring, and Governor Murphy signed the legislation into law on April 24, 2018. The NJEPA amended the New Jersey Law Against Discrimination (“NJLAD”) to prohibit unequal pay for “substantially similar” work.

In Perrotto v. Morgan Advanced Materials, Defendant Morgan Advanced Materials terminated Plaintiff Perrotto on April 5, 2018. Perrotto alleged that this termination was retaliation for her complaints, as a Controller/Human Resources, that male employees were paid more than female employees for substantially similar work. These complaints and her termination all occurred before the NJEPA was signed into law and before the NJEPA’s effective date – July 1, 2018. The District Court, faced with a motion to dismiss the counts under the NJEPA for this exact reason, ultimately dismissed the NJEPA claims with prejudice, holding that the NJEPA did not apply retroactively to conduct occurring before its effective date.

The Court reasoned that there are three circumstances that would permit retroactive application of legislation: (1) clear legislative intent to have retroactive application, (2) the amendment is curative of pre-existing law, and (3) the parties’ expectations warrant such application. Here, the Court found that the Legislature did not intend for retroactive application as evidenced by its clear, plain language setting an effective date months after the date upon which the Legislature passed the law itself. Further, while the NJEPA amends the NJLAD, it was not a curative amendment in that the amendment was not to remedy a perceived imperfection or misapplication of the NJLAD. The protections in the NJEPA are an expansion of those in the NJLAD – not a correction of them. Finally, the Court determined that the parties did not have any expectations that would warrant retroactive application.

If you have questions about whether your compensation practices or policies are compliant with the New Jersey Diane B. Allen Equal Pay Act or whether any of your employment practices or policies are compliant with the New Jersey Law Against Discrimination, please contact any member of Archer & Greiner’s Labor and Employment Group in Haddonfield, N.J., at (856) 795-2121, in Princeton, N.J., at (609) 580-3700, in Hackensack, N.J., at (201) 342-6000, in Philadelphia, Pa., at (215) 963-3300, or in Wilmington, Del., at (302) 777-4350.

DISCLAIMER: This client advisory is for general information purposes only. It does not constitute legal or tax advice, and may not be used and relied upon as a substitute for legal or tax advice regarding a specific issue or problem. Advice should be obtained from a qualified attorney or tax practitioner licensed to practice in the jurisdiction where that advice is sought.

The post New Jersey Diane B. Allen Equal Pay Act Only Applies to Conduct Occurring on or after July 1, 2018 appeared first on Archer & Greiner.

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Archer & Greiner, P.C. hosted it’s annual Labor & Employment Seminar on November 16, 2018 at Tavistock Country Club, NJ. The event is aimed to keep employers aware of current state labor and employment changes. Peter L. Frattarelli, Esq., Chair of Archer & Greiner’s Labor & Employment Department, was interviewed for the segment. Watch the entire clip here.

The post SNJ Today Stops By Archer’s Annual Labor & Employment Seminar appeared first on Archer & Greiner.

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In late October 2018, the New Jersey Department of Labor and Workforce Development (“NJDOL”) published Frequently Asked Questions and responses (collectively the “FAQs”) concerning New Jersey’s Paid Sick Leave Act (the “Act”). The FAQs can be found here. And an overview of the Act and its impact on New Jersey employers can be found here.

NJDOL’s FAQs concerning the Act provide additional guidance for employers on many confusing and unclear aspects of the Act. For example, the FAQs confirm that the State envisions employers utilizing one benefit year for all employees in order to comply with the Act. In other words, the State appears opposed to allowing employers to utilize a separate benefit year for each employee (e.g. utilizing an employee’s anniversary date to determine his or her benefit year).

The FAQs also confirm that an employer with an existing paid time off (“PTO”) policy may not need to provide additional sick leave, or create a new sick leave policy, so long as the employer’s existing PTO policy permits employees to take leave for the same reasons defined under the Act and if the existing PTO policy meets all requirements of the law (e.g. notice requirements and accrual requirements).

For more information on the Act and its impact on New Jersey employers, as well as other major state and federal laws affecting labor and employment issues, please join us for a complimentary Labor & Employment Breakfast Seminar on Friday November 16, 2018 from 8:30AM to 12:00PM at Tavistock Country Club, Haddonfield, New Jersey 08033. Registration and more information on the seminar can be found by clicking this registration link.

DISCLAIMER: This client advisory is for general information purposes only. It does not constitute legal or tax advice, and may not be used and relied upon as a substitute for legal or tax advice regarding a specific issue or problem. Advice should be obtained from a qualified attorney or tax practitioner licensed to practice in the jurisdiction where that advice is sought.

The post New Jersey Department of Labor Publishes Comprehensive Earned Sick Leave FAQs appeared first on Archer & Greiner.

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When: November 3 – 10, 2018

Where: The Westin Excelsior, Rome

Overview: This event offers attendees the opportunity to earn up to 12 CLE credits at educational programming, and to mix and mingle with colleagues and peers while sharing stories of the day’s adventures. Two special special events, the Welcome Reception and Wine Tasting, as well as the President’s Reception, are both included in the registration fee.

To register, click HERE.

(11/6/18) Equal Coins in the Fountain: How Pay Equity Laws Are Changing Salaries in New Jersey and Around the World 
This seminar will discuss one of the hottest employment law topics of 2018: the changes to gender equity laws in New Jersey and the USA, including the latest on New Jersey’s groundbreaking pay equity law. This will also include a comparison of American laws with the latest gender equity laws in Italy and Europe, as presented by an Italian-based “avvocato” (lawyer).

Moderator/Speaker:
Peter L. Frattarelli, Esq.
Archer & Greiner, PC, Haddonfield

Speakers: 
John L. Shahdanian, Esq.
Chasan Lamparello Mallon & Cappuzzo, PC, Secaucus
Avv. Roberto Podda
K&L Gates, Milan, Italy

The post Peter Frattarelli to speak at the NJSBA Mid-Year Meeting in Rome, Italy appeared first on Archer & Greiner.

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(Click here for printable PDF)

In October 2018, the New Jersey Department of Labor and Workforce Development (“NJDOL”) published the required notice (the “Notice”) that must be posted and distributed to all New Jersey employees under New Jersey’s Paid Sick Leave Act (the “Act”).  Please see the following for an overview of the Act and its impact on New Jersey employers: https://www.archerlaw.com/paid-sick-leave-now-law-new-jersey/

The NJDOL requires that the Notice be received by existing employees by November 29, 2018.  Under the Act, New Jersey employers are required to conspicuously  post the Notice of employee rights under the Act in a place accessible to all employees in each of the employer’s workplaces.  Employers must also provide a written-copy of the Notice to its employees.

Under the current proposed regulations for the Act, employers can satisfy the conspicuous posting requirement if they post the Notice on an internet/intranet site that is for exclusive use by its employees, and to which all employees have access.  Employers can also satisfy the written copy notification requirement by e-mailing a copy of the Notice to its employees.

For more information, or if you have any questions regarding this advisory, you may contact Richard J. Ramones, Esquire at rramones@archerlaw.com or one of Archer’s other experienced Labor and Employment Law attorneys at in Haddonfield, N.J. at 856-795-2121; Princeton, N.J. at 609-580-3700; Hackensack, N.J. at 201-342-6000; Philadelphia, Pa. at 215-963-3300, or Wilmington, Del. at 302-777-4350.

DISCLAIMER: This client advisory is for general information purposes only. It does not constitute legal or tax advice, and may not be used and relied upon as a substitute for legal or tax advice regarding a specific issue or problem. Advice should be obtained from a qualified attorney or tax practitioner licensed to practice in the jurisdiction where that advice is sought.

The post New Jersey Department of Labor Issues Paid Sick Leave Law Notice appeared first on Archer & Greiner.

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