Gibbons Law Alert

Gibbons Law Alert

Author: Gibbons P.C.

New iPhone Application Allows Employees to Track Hours Worked and Wages Owed

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Posted in Wage and Hour

On May 24, 2011

On May 9, 2011, the U.S. Department of Labor (“DOL”) issued a press release announcing that there is now an application for the iPhone or iPod Touch that employees can use to easily and independently record their hours worked (including overtime and break times) and calculate wages that are owed to the employee. The free application is called “DOL-Timesheet” and is available in both English and Spanish. Although it is premature to assess whether this application will in fact be utilized by the DOL and employees in wage and hour enforcement and litigation, the emergence of the new technology serves to remind employers of the importance of accurate recordkeeping of employee hours worked and training of employees regarding policies on overtime, rest and meal breaks. In addition, to minimize the risk of an enforcement action and/or litigation and associated penalties, employers should encourage employees to come forward if they notice any disparity between the employer’s time records and the records the employee maintains independently through the application.

Russell Bershad to Moderate Panel at ScheinMedia’s 5th Annual New Jersey Real Estate Conference

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Posted in Development/Redevelopment / Transactional Real Estate and Leasing

On May 13, 2011

On Thursday, June 9, 2011, Russell Bershad, Co-Chair of the Gibbons Real Property & Environmental Department, will moderate a panel, “State of the Market: Drill down on all facets of development, finance, law and economic development” at ScheinMedia’s 5th Annual New Jersey Real Estate Conference. The New Jersey Real Estate Conference has become the business standard for the state’s most influential professionals from the real estate, finance, legal, and governmental communities.

6th Circuit Applies “Primary Benefit” Test to Students in Work-Study Program

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Posted in Wage and Hour

On May 13, 2011

The United States Court of Appeals for the Sixth Circuit recently held that the proper test for determining whether persons participating in employer-sponsored training programs qualify as “employees” under the FLSA is an examination into which party derives the primary benefit from the relationship. The Sixth Circuit’s decision in Solis v. Laurelbrook provides guidance to any employer using students to perform work as part of a work-study or trainee program who are not monetarily compensated for such work.

Updated Guidance From USEPA Concerning Brownfield Redevelopment

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Posted in Environmental and Green Issues

On May 12, 2011

Encouraging development of environmentally challenged real estate — brownfields — is usually the task of state agencies. In New Jersey the Office of Smart Growth; the Economic Development Authority and the Department of Environmental Protection all offer programs intended to encourage redevelopment of brownfields. However, states are struggling to fund and support their brownfield programs and funds for outreach to potential developers and their allied professionals are in short supply.

How Useful is Facebook’s “Download Your Information” Feature in E-Discovery?

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Posted in Litigation Preparedness and Strategies / Technology Developments and Issues

On May 11, 2011

In October 2010, Facebook announced a new Download Your Information (“DYI”) feature, billed as “an easy way to quickly download to your computer everything you’ve ever posted on Facebook and all your correspondences with friends: your messages, wall posts, photos, status updates and profile information.” The Facebook announcement included a short video detailing how to use the feature. Cnet TV has a more in-depth video. Craig Ball also wrote an article about this feature in the February 23, 2011 issue of Law Technology News.

The Gibbons Institute Presents, “Cybersecurity Law and Policy: Changing Paradigms and New Challenges” – June 8, 2011

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Posted in Media

On May 5, 2011

“Cybersecurity Law and Policy: Changing Paradigms and New Challenges” is an all-day conference featuring seven break-out sessions and over 35 speakers and panelists. This seminar is part of the Cybersecurity Law Project, a collaboration between the Gibbons Institute of Law, Science & Technology at Seton Hall Law School, Rutgers School of Law-Newark, and the Bergen County Prosecutor’s Office, which promotes specialized legal training in the emerging area of cybersecurity law to law students and practicing attorneys.

Recent District of New Jersey Decision Reinforces Need for Common Sense in Responding to Employee Requests for Family and Medical Leave

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Posted in Family Leave

On May 5, 2011

The recent District of New Jersey decision in Conteh v. Francis E. Parker Memorial Home, 2011 U.S. Dist. LEXIS 41360 (D.N.J. April 15, 2011) serves as a valuable reminder for employers that the exercise of basic common sense in responding to employee requests for family and medical leave can go a long way toward preventing litigation.

New York Wage Theft Prevention Act Effective April 9, 2011

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Posted in Wage and Hour

On May 4, 2011

We previously reported on a series of changes to New York Labor Law contained within the Wage Theft Prevention Act (“WTPA”) that are now applicable to all New York private-sector employers (including charter schools, private schools, and not-for-profit corporations). As discussed in our previous post, the WTPA requires New York employers to provide all employees with written pay notices at the time of hire and on or before February 1 of each year that include: the employee’s rate or rates of pay; the overtime rate of pay, if the employee is nonexempt; the basis of wage payment (e.g., per hour, per shift, per week, piece rate, commission, etc.); the allowances to be claimed against the minimum wage (e.g., tip, meal, and lodging allowances); the regular pay day; the employer’s name and any name under which the employer conducts business; the physical address of the employer’s main office or principal place of business (if different from the mailing address); and the employer’s telephone number.

The Importance of a Workplace Romance Policy

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Posted in Policies and Handbooks

On May 2, 2011

The adoption and enforcement of a policy regarding consensual workplace relationships is essential for all employers. With the American workforce spending at least one-third of their lives at work, it is inevitable that some employees will engage in romantic and sexual relationships with one another. A recent case in the Eastern District of Pennsylvania, Lucchesi v. Day & Zimmerman Group, reinforces that such relationships may have business and legal costs. While employers cannot prevent these relationships from forming or ending, they can take steps to manage their effect on the workplace and to reduce the potential liability stemming from them. A well-drafted policy is a critical first step.

Cost Recovery Under Superfund – The Eighth Circuit Fills the Void Created by the United States Supreme Court in the Atlantic Research Decision

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Posted in Environmental and Green Issues

On April 29, 2011

The Eighth Circuit recently addressed an issue which the United States Supreme Court expressly side-stepped in 2007 when it decided United States v. Atlantic Research Corp., 551 U.S. 128 (2007). In Atlantic Research, the Court left open the question whether potentially responsible parties that incur response costs pursuant to an administrative consent order or a judicially approved consent decree may pursue a cost recovery claim under §107 of CERCLA, §113 of CERCLA or both sections.

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