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Friday, October 25, 2019 BerlinSouthwest Jersey Chapter

Sick Pay and Employment Law Update (E1910389)

8:00 AM - 12:00 PM EDT

Registration: 7:00 AM EDT

Paris Caterers (formerly Venice Plaza)

281 Cross Keys Road
Berlin, NJ 08009

3.0 CPE Credits in SK

OVERVIEW

In this meeting, hear important information directly from the New Jersey Department of Labor and Workforce Development. Minimum wage and wage theft laws will be discussed, as well as the distinction between an independent contractor versus an employee.

BENEFITS

Earn 4 CPE credits in Specialized Knowledge.

HIGHLIGHTS

Minimum Wage and Wage Theft Laws
David Bander - Policy Office, New Jersey Department of Labor and Workforce Development

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.

COURSE LEVEL

Intermediate

PREREQUISITES

None

ADVANCE PREPARATION

None

ADDITIONAL NOTES

Early birds save $10 - late fee applied after 10/23. Season Pass holders must register for each event.

Help Feed Those in Need
  • 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.

INSTRUCTORS

David Bander

David Bander

Executive Director, Policy Office

New Jersey Department of Labor & Workforce Development

David Menist

David Menist

Department of Labor and Workforce Development

From 2002 to the present, Mr. Menist has been employed with the New Jersey Department of Labor and Workforce Development. Over the course of the last 14 years Mr. Menist’s responsibilities include conducting audits, performing investigations, reviewing audit work papers, and being heavily involved in the Informal Hearing process. All of these tasks are met to ensure compliance with the Unemployment Compensation Law for the Department of Labor. Many of these functions include but are not limited to determining Employer status, valid claims for unemployment and disability insurance, and employee-independent contractor relationships.

Over the last 3 years, Mr. Menist’s main responsibilities are to perform, assist, and coordinate the Informal Hearing process in front of the Office of Administrative Law. In addition, Mr. Menist participates in Informal Hearing conferences and do Expert Witness testimony before appearing before the Office of Administrative Law.

Evelyn Rivera

Evelyn Rivera

Chief Auditor

New Jersey Department of Labor & Workforce Development

Evelyn Rivera works at the New Jersey State Department of Labor and Workforce Development Division of Employer Accounts Field Service Audit Office. She is the supervisor for the Paterson audit team, which is located in the Newark Office. Ms. Rivera assists the auditors on her team in various phases of the audit process. She reviews the audits submitted by her auditors before transmitting them to Trenton for the final review. Ms. Rivera also evaluates work performance of her auditors and performs managerial tasks assigned from time to time.

PRICING

Free Event
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