labor lawAdivision of labor law center

Employers in the Garden State need to be aware that on July 24, 2009 the New Jersey minimum wage will increase by 10 cents, from $7.15 to $7.25 per hour.

Many employers question the timing of this change in the midst of the worst recession in 60 years. However, under state statute, the New Jersey minimum wage cannot be lower than the federal minimum wage.

The New Jersey minimum wage law covers smaller employers in the state. Under state law, the New Jersey minimum wage matches the federal minimum wage, which increases from $6.55 to $7.25 on July 24, 2009, a raise of 70 cents per hour.

On that same date, the New Jersey state minimum wage will increase to $7.25 per hour, too. Employers across the state must update their state and federal minimum wage posters before that date.

At present, there is no federal minimum wage increase scheduled for 2010. The Division of Wage and Hour Compliance of the New Jersey Department of Labor and Workforce Development enforces the state minimum wage laws.

New Jersey employers not covered by the state minimum wage (more…)

The New York minimum wage will increase by 10 cents from $7.15 to $7.25 on July 24, 2009. Many employers point out that a dime an hour will have little impact for employees, but be a major annoyance for employers.

For one thing, every New York employer has to update his or her state and federal minimum wage posters on that date.

However, there is no way to avoid this increase. Under state law, the New York minimum wage cannot be lower than the federal minimum wage. On July 24, 2009 the federal minimum wage increases from $6.55 per hour to $7.25 per hour under the FLSA.

The federal Fair Labor Standards Act  or FLSA covers employers that engage in interstate commerce and companies with an annual revenue of at least $500,000. These employers are required by FLSA to pay their workers the federal minimum wage.

In 2007, the federal minimum rose from $5.15 to $5.85 per hour. In 2008, the federal rate rose by again to $6.55 per hour. On July 24, 2009, the federal minimum wage will again increase by 70 cents from the $6.55 per hour to $7.25 per hour. (more…)

On January 1, 2009, the Montana minimum wage will increase by 35 cents, from $6.55 to $6.90 per hour. Montana law requires a cost-of-living increase to the state minimum wage.

The increase is announced each year no later than September 30, based on the Consumer Price Index or CPI for the previous 12 months. This year’s increase is 5.4% of the 2008 minimum wage of $6.55 per hour.

“This gives those Montanans who are struggling to keep up with higher energy and food prices some much needed help, “says Labor Commissioner Keith Kelly. Recently the National Association of State Work Force Agencies awarded Kelly the prestigious Eagle Award.  “As the nation’s economy continues to struggle, we know that here in Montana, we’re doing everything we can to minimize the impact.”

According to the Montana Department of Labor & Industry, more than 70% of (more…)

On January 1, 2009, the Vermont minimum wage will increase by 38 cents, from $7.68 per hour to $8.06 per hour. This increase puts the Vermont minimum wage in the top five in the nation. The nation’s highest minimum wage is in Washington, at $8.55 per hour in 2009. The second highest minimum wage is in Oregon, at $8.40 per hour.

The Vermont minimum wage for tipped employees increases on January 1, 2009 by 19 cents, from $3.72 per hour to $3.91 per hour. Under state law, this amount applies to “a service or tipped employee.” This is defined as an employee of a hotel, motel, tourist place or restaurant who customarily and regularly receives more than $120 per month in tips. If the employee’s tips plus wages does not average at least the Vermont minimum wage over the pay period, the employer must pay the difference to the employee, in wages.

Every Vermont employer is required to prominently display a number of labor law posters, including the Vermont minimum wage poster. Failure to do so can result in citations, fines and penalties. (more…)

The USERRA requires that employers reinstate employees after active military service, even if the employee’s absence has been up to five years. In some cases, as with wounded veterans, employers are required to reinstate employees who have been absent even longer.

That is why it is vital for employers to have a USERRA compliance program in place.

USERRA, the federal Uniformed Services Employment and Reemployment Act applies even to employees who voluntarily resign to enroll in the military. It also applies to emergency workers such as police, firefighters and paramedics, who may be pressed into service or volunteer during times of natural disasters or terrorist attacks.

The USERRA also applies to employees who serve in the National Guard or National Reserve.

Employers are required to notify employees of their rights under USERRA. In most cases, every employer must display a USERRA Poster, even if they currently have no employees who are covered under the law.

The federal regulations require that employers furnish a notice of the complete, accurate rights, benefits and obligations of employees and employers under USERRA.  Employers are encouraged to provide the notice to employees in other ways, in addition to the required poster. However, employers must be careful in selecting USERRA compliance products from a supplier. By law, the products must ensure that the full text of the notice is included.

 The U.S. Department of Labor recently introduced the USERRA Advisor , a useful online tool for employers. The eLaws Advisor helps employers to understand a number of issues surrounding military service, including: (more…)