News & Insights

Changes in N.J. law against discrimination would put the burden of proof on employers

"Changes in N.J. law against discrimination would put the burden of proof on employers" Published March 14, 2016, NJBIZ, Industry Insights. By: David Rapuano, Esq. ...read more

EEOC: Sexual Orientation Discrimination is Sex Discrimination

David A. Rapuano, Esq., a Partner in Archer & Greiner's Haddonfield office, was quoted in this SHRM.org article regarding  the recent Equal Employment Opportunity Commission (EEOC) decision. ...read more

David A. Rapuano Quoted in SHRM.org Article

David A. Rapuano, Esq., a Partner in Archer & Greiner's Haddonfield office, was quoted in this SHRM.org article discussing the Supreme Court ruling for EEOC in Religious Accommodation Case.   ...read more

Department of Labor’s Final Rule Dramatically Expands the Pool of Employees Eligible for Overtime with Initial Round of Changes Effective on July 1, 2024

On April 23, 2024, the Department of Labor (“DOL”) announced long-awaited revisions to overtime regulations under the Fair Labor Standards Act (“FLSA”). The most important change will allow many more workers to receive overtime pay because the DOL raised the minimum salary that employees must receive before they can ever be exempt from overtime under the recognized “white collar” exemptions for executives, professionals, and administrative employees. The DOL also finalized its proposed changes to the separate highly compensated employee exemption’s total annual compensation requirement methodologies. The revised earning thresholds will become effective on July 1, 2024, and will increase again, significantly, on January 1, 2025. ...read more

New Court Decision Highlights Stringent Proofs Necessary to Establish Independent Contractor Status Under New Jersey Law

The New Jersey Supreme Court just issued a decision once again highlighting the extreme difficulty businesses face when attempting to establish a worker has been properly classified as an independent contractor and not an employee. The Court, in East Bay Drywall, LLC v. Department of Labor (A-7-21) (August 2, 2002) strictly construed the requirements of the ABC test for determining if a worker is an independent contractor or an employee, making clear that meeting this standard will require that employers be able to actually prove that its workers or subcontractors are actually engaged in independent businesses of the same nature and also actually regularly performing work for other entities to such a degree that such business would survive absent its relationship with the employer. While this decision does not represent an actual change in the underlying law, it does highlight the New Jersey Department of Labor’s extremely strict interpretation of the law, and sends a message to reviewing courts that an employer’s proofs must go far beyond formalities, such as agreements and other paper indicia of independent business status. As set forth below, moving forward, businesses employing independent contractors must ensure that they are able to prove, to the Department of Labor or a court, that these independent contractors, in actual practice, operate as their independent businesses. ...read more

EEOC Updates Guidelines for Religious Objections to the COVID-19 Vaccine

On October 25, 2021, the Equal Employment Opportunity Commission (“EEOC”) issued new guidance for employers addressing requests for religious exemptions from employer vaccination mandates or other COVID-19 policies. The agency added “Section L” to its existing “Technical Assistance Questions and Answers” related to COVID-19 and the ADA, the Rehabilitation Act, and other EEO laws. On October 28, 2021, the EEOC issued an update to the new Section L. Both additions represent welcome guidance for employers from the EEOC regarding this important and timely issue. ...read more

Pay Equity Disputes May Be the ‘Sleeping Giant’ of Wage Transparency Laws, Employment Lawyers Predict

With wage transparency laws being enacted across the country, employers need to protect themselves given the shifting legislative landscape to prevent pay discrimination. Labor & Employment partner, David Rapuano, provided his thoughts on pay equity disputes in the New Jersey Law Journal article, “ Pay Equity Disputes May Be the ‘Sleeping Giant’ of Wage Transparency Laws, Employment Lawyers Predict.” In the article, David is quoted as saying, ”the biggest complexity he sees with wage transparency laws is the sheer number of cities and states with such legislation on their books and the nuances of each law in each jurisdiction.” He noted that it is not that the laws are bad but it adds additional layers to have so many laws apply to the same organization.  ...read more

David Rapuano Quoted in New Jersey Law Journal Article "What Happens When Salaries Stop Being Secret? We’re About to Find Out as Wage Transparency Laws Spread"

Archer Labor and Employment Law partner David Rapuano was recently quoted in the New Jersey Law Journal article, “What Happens When Salaries Stop Being Secret? We’re About to Find Out as Wage Transparency Laws Spread." In the article, author Charles Toutant writes about the growing number of jurisdictions adopting laws that require employers to disclose information about their employees' wage ranges. David Rapuano acknowledges how expansive in scope some of the new laws are. ...read more

David Rapuano Explains The Rise in Accommodation Cases

David Rapuano, Esq. explains the rise in accommodation cases with Mark McGraw in this Human Resource Executive Online article. ...read more

Employee Handbooks: Hiring, Firing & Discipline

Employment policies and employee manuals are essential for businesses of any size, but to be effective, policies should be tailored to the size and needs of your business. As part of the Burlington County Chamber of Commerce's Lunch & Learn workshop series, Archer Partner David A. Rapuano will provide valuable information about what you need and how a small investment in your policies can provide you with the consistency and structure that can protect your business from employee claims. ...read more

David Rapuano Named to Board of Burlington County Chamber of Commerce

Attorney David A. Rapuano of Moorestown, N.J., has been elected to a two-year term on the Board of Directors of the Burlington County Chamber of Commerce. ...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