Non-Compete Agreement: Three Rules Employers Should Keep In Mind Santomassimo Davis Legal Alert 30 million. That’s the number of American workers who work under non-compete agreements, according to the Office of Economic Policy U.S. Department of the Treasury. But employers be forewarned: Many of those non-competes could be deemed unenforceable in the near future, predicts…

Independent Contractor Status Under The Fair Labor Standards Act  On January 6, 2021, the U.S. Department of Labor (“DOL”) issued a final rule clarifying the standards to determine employee or independent contractor status under the Fair Labor Standards Act.  Although the DOL has previously issued guidance on classification, this is the DOL’s first formal rulemaking…

Prepare for an OFCCP audit Santomassimo Davis LLP can help you and your business prepare for an OFCCP audit. The OFCCP (Office of Federal Contract Compliance Programs) is a U.S. Department of Labor agency tasked to prevent federal contractors and subcontractors from using discriminatory employment practices when hiring, firing, promoting, transferring, or compensating employees.   If…

Contractual Defenses to Breach of Contract Caused by COVID-19 Many New Jersey businesses have been severely impacted by closures arising out of the COVID-19 health crisis.  Often these closures make it impossible for businesses to meet their contractual obligations with their suppliers, landlords, and other contractors forcing them into default.  While the basic premise under…

NYC Prohibits Enforcement Of Personal Guarantees in Commercial Leases Impacted By COVID-19 On May 26, 2020, New York City enacted Administrative Code Section 22-1005 prohibiting the enforcement of personal guarantees in commercial leases or rental agreements involving tenants impacted by COVID-19. Specifically, the new law applies to businesses in New York City that were forced…

Prevent Wrongful Termination Claims With Progressive Discipline Terminating an employee may be necessary, but if your company does not have policies and procedures in place describing the methods you took to end an employment relationship, it could open you up to wrongful termination litigation.  At Santomassimo Davis LLP, we help clients develop progressive discipline policies…

When Do Unfavorable Business Practices Become Illegal Successful business management requires a keen eye for detail, a focus on innovation and a drive to succeed, but it’s also imperative to keep unfavorable business practices in mind. You likely understand the necessity of providing a safe, secure environment for employees. Yet, you should familiarize yourself with some…

More Workers Eligible For Overtime Pay The Labor Department is expanding the group of workers eligible for overtime pay. This expansion is estimated to include about 1.3 million workers. Starting January 1, 2020, the minimum yearly salary threshold will be raised from $23,660 to $35,568. Thus, any employee who makes $35,568 or less per year…

Massachusetts Paid Family & Medical Leave Act – What It Means For Massachusetts Employers Massachusetts recently passed the Paid Family Medical Leave Act (“PFML”). This comprehensive law allows many employees who work for Massachusetts employers to take up to 26 total weeks of paid leave for medical and family leave. Employees consent to payroll contributions…

Proposed Law May Ensure Health Care Funding During Labor Disputes   A labor dispute is not good for anyone, neither workers nor employers. Therefore, it is better to avoid such disputes whenever possible. Nevertheless, a proposed law that New Jersey’s State Assembly recently approved would charge all employers five cents per worker per year to…

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