New Jersey’s recently passed Wage Theft Act (“WTA”) somewhat flew under the radar. However, it will likely have seismic repercussions for employers operating in New Jersey, and because it is arguably the toughest legislation of this type in the U.S.,…

PROTECTING YOUR ORGANIZATION FROM SEXUAL HARASSMENT CHARGES & THEIR CONSEQUENCES”   The past year’s news has been filled with sexual harassment headlines, with 200+ Hollywood celebrities, high profile CEOs & politicians being accused.  This has resulted in: The careers of successful…

DISCLAIMER This document has been prepared by Trinity HR Consulting, Inc. (“Trinity”) solely for use as a general source of information.  As such, it is not intended to take the place of obtaining advice from legal and/or tax counsel.  Trinity…

Trinity recently was asked if an employer could lawfully issue a policy stating or have employees sign a document saying that they will not discuss their pay with fellow employees. The short answer is “NO”. BASIS FOR ANSWER Section 7…

BACKGROUND In 2014, President Obama directed the Secretary of Labor to: Update the overtime regulations to reflect the original intent of the Fair Labor Standards Act (FLSA) Simplify and modernize the rules so they’re easier for workers and businesses to…

In a potentially game-changing decision in Browning-Ferris Industries of California, Inc., the National Labor Relations Board (NLRB) cast aside its long-standing joint employer test in favor of a highly union-friendly standard. There is virtually no disputing that this new standard…

It is virtually a certainty that the Department of Labor will in 2016 enact its proposed new Fair Labor Standards Act (FLSA) regulations. One key change that will adversely affect all or almost all employers will be which employees will…

In 2014, the U.S. Equal Employment Opportunity Commission received just under 7,000 claims of sexual harassment. Employers spent millions of dollars to defend themselves against unwarranted claims & tens of millions more in settlements for both bona fide & dubious…

In the vast majority of instances, internships in the “for profit non-government sector constitute employment. As a result, an individual must be paid for all hours for which she/he provides services. In limited instances, internships may qualify for being treated…

In December, the Office of Federal Contract Compliance Programs (OFCCP) published a final rule that prohibits federal contractors from discriminating on the basis of sexual orientation or gender identity. The rule requires federal contractors covered under existing Executive Order 11246 to include:…