News & Insights

Viewpoint: Dispelling Myths and Avoiding Common Mistakes for Noncompete Agreements

"Viewpoint: Dispelling Myths and Avoiding Common Mistakes for Noncompete Agreements" By Mark Oberstaedt and Douglas Diaz, Society for Human Resource Management (SHRM), March 2, 2020 ...read more

Justices Mull Pre-emption of Union Wage and CEPA Claims

Doug Diaz, a partner in Archer & Greiner's Haddonfield office, argued before the New Jersey Supreme Court on Jan. 6 over whether a union laborer's complaints of wage violations and alleged retaliation for his whistleblower activity are automatically pre-empted by federal labor law.     ...read more

New Jersey Expands Protections for Pregnant Employees

Douglas Diaz, a Partner in the Firm's labor and employment law group, discusses providing protection for New Jersey pregnant employees.  ...read more

Court Strikes Down Overtime Rule That Increased Salary Thresholds for Overtime Exemptions

On November 15, 2024, the United States District Court for the Eastern District of Texas set aside and vacated the United States Department of Labor (DOL) rule that expanded overtime eligibility for employees.  The rule had been issued by the DOL earlier this year, increasing the minimum salary levels for an exemption to the overtime requirements.  To qualify for what is known as a “white-collar” exemption to overtime, and in addition to other requirements, employers must pay employees a minimum salary. The minimum salary requirement had been $684 per week, or $35,568 annually.  Pursuant to the first part of the new DOL rule, which had already gone into effect on July 1, 2024, the minimum salary for an overtime exemption increased to $844 per week, or $43,888 annually.  The minimum salary was set to increase again on January 1, 2025 to $1,128 per week ($58,656 annually), meaning that employees who earned less than that amount would be generally entitled to overtime pay if they worked more than forty hours in a week. The court, however, struck down the entire rule and did so on a nationwide basis.  Thus, the minimum salary requirement for an overtime exemption is now $684 per week again ($35,568 annually).In setting aside the rule, the court reasoned that the DOL exceeded its authority by increasing the salary thresholds too high, which the court stated in essence created a “salary only” test for overtime exemption eligibility. The increase scheduled for January 2025, for example, would have resulted in a 65% increase from the $684 per week requirement. This was problematic because the Fair Labor Standards Act (FLSA), which sets forth the white-collar exemptions, provides for a job duties test as well for an overtime exemption, whereby employees must primarily perform certain executive, administrative, or professional duties to qualify for an overtime exemption.  The court explained that the DOL increases “effectively eliminate[d]” consideration of this other test. The DOL rule also provided for automatic increases to the minimum salary threshold every three years. The court held that the DOL also lacked this authority because the FLSA requires each increase to occur via regulation under the Administrative Procedure Act.Given this court ruling, the DOL increases to the minimum salary requirements are now null and void. However, employers must keep in mind that some states have minimum salary requirements that are greater than the requirement under the FLSA. And while the recent presidential election result may mean that the DOL will not appeal this court decision, it remains to be seen whether the new administration will enact a smaller increase to the minimum salary requirement.If you have any questions or need more information, please contact Douglas Diaz at ddiaz@archerlaw.com or 856-616-2614, or any member of Archer’s Labor and Employment Group.  ...read more

State of New Jersey Seeks Millions of Dollars Against Companies for Alleged Misclassification of Workers as Independent Contractors

Paid Sick Leave Now the Law in New Jersey

New Jersey has now joined several other states in passing a paid sick leave law. The law preempts paid sick leave ordinances adopted by several cities and towns so there is now one uniform law in this area for New Jersey employers. Here is what you need to know about the new law: ...read more

'Fire All the Bullets Now': EEOC Enforcements Surge

In the New Jersey Law Journal article, "Fire All the Bullets Now: EEOC Enforcements Surge," partner Douglas Diaz provided comments regarding a surge of lawsuits filed nationwide during a one-week period by the Equal Employment Opportunity Commission (EEOC). In the article, reporter Charles Toutant noted the uptick and was interested in what the mix of cases says about the EEOC's priorities at the moment.  ...read more

Doug Diaz Featured in Marijuana Business Daily Article, “Marijuana companies weigh how to approach COVID-19 vaccinations for employees”

Doug Diaz, a member of Archer’s Cannabis practice group, was recently featured in the Marijuana Business Daily article, "Marijuana companies weigh how to approach COVID-19 vaccinations for employees", published January 18, 2021. ...read more

Justice Department Asks Court to Halt Proceedings in Overtime Case

Archer’s Doug Diaz weighs in with Society for Human Resource Management on Department of Justice asking court to halt proceedings in overtime case. To view the article, click here. ...read more

Douglas Diaz weighs in with Texas Lawyer - 5th Circuit Grants Expedited Hearing in Overtime Rule Litigation

5th Circuit Grants Expedited Hearing in Overtime Rule Litigation ...read more

Archer Annual Labor & Employment Seminar

Join us for a complimentary Labor & Employment Breakfast Seminar. This course will cover the major state and federal laws affecting labor and employment law.  For registration and the full agenda and program description, visit our event website.  ...read more

Archer Attorneys to Present CCSNJ’s Annual 2024 “HR Bootcamp”

Archer Labor & Employment Law attorneys will present the 2024 Chamber of Commerce of Southern New Jersey’s annual “HR Bootcamp." Program information is as follows:  ...read more

Labor & Employment Seminar

Please join us for a complimentary Labor & Employment Breakfast Seminar. This course will cover the major state and federal laws affecting labor and employment law. ...read more