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COVID-19 Pandemic and Impact on NJ Workers Compensation Claims
On May 12, 2020, the NJ Senate Labor Committee reported favorably on Bill S2380 designed to create a presumption of compensability for “essential employees” that contract COVID-19. The proposed legislation significantly impacts the NJ Workers Compensation Act by virtue of creating a presumption, albeit rebuttable, that an “essential employee” testing…
Read More >RESPONSE TO THE COVID-19 PANDEMIC: UPDATED GUIDANCE FOR EMPLOYERS
LAST UPDATED: March 30, 2020 The following is an update on the latest State and Federal legislative enactments in response to the COVID-19 pandemic. These enactments have created new employee entitlements to leave and compensation in a variety of COVID-19 related circumstances. We encourage all employers to review Brown &…
Read More >RESPONSE TO THE COVID-19 PANDEMIC: UPDATED GUIDANCE FOR PUBLIC EMPLOYERS
LAST UPDATED: March 22, 2020 In response to the public health emergency caused by the Coronavirus Pandemic (“COVID-19”), we are providing this update for public entities on the current status of actions by Federal, State and County officials. As you know, a state of emergency exists at all levels of…
Read More >RESPONSE TO THE COVID-19 PANDEMIC: UPDATED GUIDANCE FOR PRIVATE EMPLOYERS
LAST UPDATED: March 22, 2020 In response to the public health emergency caused by the Coronavirus Pandemic (“COVID-19”), we are providing this update for private sector businesses and non-profits on the current status of actions by Federal, State and County officials. As you know, a state of emergency exists at…
Read More >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…
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