Sick Pay and Employment Law Update (E1910389)

The minimum wage law is a significant legislative achievement that will raise the wages of approximately 1 million New Jersey workers. The law raises the minimum wage to $15 for most workers by January 1, 2024, while employees working for small/seasonal/agricultural employers will advance on a different timetable. For tipped workers, there is also an increase in the cash wage that must come directly from employers. The presentation will cover the fine points of this law, as well as the exceptions for small/seasonal/agricultural employers, and the change in the tipped minimum wage.

The wage theft law is similarly significant legislation. It enhances enforcement of State wage and hour laws by holding employers accountable for unpaid wages, benefits, or overtime as required by law through increased damages and fines, which make victims of wage theft eligible to receive both the wages owed and liquidated damages of up to 200 percent of wages owed. It also permits aggrieved parties to file actions directly in Superior Court. The presentation will cover all aspects of the law, including new reporting requirements.

Independent Contractor vs. Employee
Evelyn Rivera & David Menist - Division of Employer Accounts, New Jersey Department Labor and Workforce Development

Our presentation will include, but shall not be limited to, an introduction to the purpose and reason an Employer may be subject to a New Jersey and Department of Labor and Workforce Development Unemployment and Disability audit. This presentation shall include the scope of the audit, areas of concern commonly found on the audit, and the documentation that is usually required when an audit is conducted. Also communicated in this conference shall be a thorough analysis on the 19(i)(6)(a)(b)(c) test which will describe in detail the factors that are usually considered by an Auditor when analyzing the relationship between the Employer and subcontractor during the course of the audit. Finally, we will explain and discuss the ramifications of the audit results and the Employers rights to the appeal process should the Employer not agree with the audit results. With time permitting, we will also discuss the topic of Localization of Coverage, which will describe the characteristics of what constitutes a New Jersey employee as opposed to an employee that is reported in another state.

• The NJCPA Emerging Leaders Council is hosting a Food Drive to benefit the Community FoodBank of New Jersey. Please bring your nonperishable items and canned goods to this event. Peanut butter and tuna fish are always needed.