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Medical Providers Have Six Years to File Claims in the Division of Worker’s Compensation
On February 3, 2020, the New Jersey Supreme Court affirmed the Appellate Division’s decision in The Plastic Surgery Center, PA v. Malouf Chevrolet-Cadillac, Inc. 457 N.J. Super 565 (App. Div. 2019) that the six-year statute of limitation for contract lawsuits, applies to claims brought by medical providers for payment of…
Read More >Medical Marijuana and Its Place in New Jersey Workers’ Compensation
In a case of first impression, the New Jersey Appellate Division addressed an employer’s obligation to reimburse an injured employee the costs associated with obtaining medicinal marijuana. In Hager v. M&K Construction, A-01012-18T3 (App. Div. January 13, 2010), the Appellate Court held there was no legislative or legal barrier to…
Read More >New Workers’ Compensation Legislation: The Hand and Foot Bill
On January 21, 2020, Governor Murphy signed legislation termed as the “Hand and Foot Bill.” A workers’ compensation permanent disability award is, generally speaking, categorized in terms of body parts. As it relates to injuries to the “hand” (any injury below the elbow) and prior to the newly enacted legislation,…
Read More >U.S. Department of Labor Announces Final Rule to Make 1.3 Million American Workers Newly Eligible for Overtime Pay
On September 24, 2019, the U.S. Department of Labor updated the Fair Labor Standards Act’s (FLSA) overtime regulations. The final rule updates the earnings thresholds that are necessary to exempt executive, administrative and professional employees from the FLSA’s minimum wage and overtime pay requirements. The rule allows employers to count…
Read More >New Jersey Enacts Wage Theft Law, Increasing Employer Liability For Wage And Hour Violations
On August 6, 2019, Acting Governor Sheila Oliver signed into law the Wage Theft Act (“WTA”). The WTA took effect immediately. The WTA revises New Jersey’s existing wage payment law to significantly enhance employer exposure on all wage and hour violations. First, the WTA extends the statute of limitations on…
Read More >New Law Makes It Unlawful For Employers To Ask About Pay History
On July 25, 2019, acting Governor Sheila Oliver signed A1094 into law prohibiting employers from inquiring about worker’s wage and salary history. The new law makes it unlawful for any employer to screen a job applicant based on the applicant’s wage or salary history, including by requiring the applicant’s prior…
Read More >Law Against Discrimination Amended To Prevent Confidentiality Provisions
On March 18, 2019, Governor Phil Murphy signed a bill amending New Jersey’s Law Against Discrimination. The amendment, which took effect immediately, provides that non–disclosure provisions that seek to conceal details relating to a claim of discrimination, retaliation, or harassment are void against public policy. This amendment applies to any…
Read More >U.S. Department of Labor Announces Proposed Rule Change That Could Create New Class of Employees Eligible For Overtime Pay
On March 7, 2019, The U.S. Department of Labor announced its much awaited rule proposal regarding the eligibility of workers for overtime (https://www.dol.gov/whd/overtime2019/). The rule, if adopted, would increase the salary for exempt employees from $455 per week ($23,660 annually) to $679 per week ($35,308 annually). This rule would thus…
Read More >New Jersey Expands Paid Family Leave
On February 19, 2019, New Jersey Governor Phil Murphy signed into law a sweeping expansion of the State’s paid family leave program. The law takes effect immediately, although many of the increases to benefits will not commence until July 2020. The changes to New Jersey’s paid family leave program include…
Read More >New Legislation Affecting Voluntary Payments In New Jersey Workers Compensation Claims
Over the past several years, various attempts have been made to amend the New Jersey Workers Compensation Act in regards to voluntary payments. The New Jersey Workers Compensation Act contained a provision, Section 64, which allowed an employer or workers compensation insurance carrier to extend a payment known as a…
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