Legal News

In the era of #MeToo, the gag order (legally speaking, non-disclosures or confidentiality clauses) has come under attack as a tool that silences victims and is responsible for compounding the damage to victims by keeping them from telling their...By: Flaster Greenberg PC

As the year is quickly coming to an end, it is especially prudent to review compensation arrangements from an Internal Revenue Code section 409A perspective. Generally, Section 409A applies to “deferred compensation” arrangements between a “service...By: Flaster Greenberg PC

They say the only thing in life that is constant is change, and we certainly saw that in 2019. This was a big year for change in employment law as legislators, courts, and regulators, shaped the workplace to reflect societal changes. The changes we...By: Flaster Greenberg PC

The IRS recently amended the rules applicable to hardship distributions from 401(k) and 403(b) plans. The new hardship distribution regulation relaxes some of the restrictions on the availability of hardship distributions and simplifies the related...By: Flaster Greenberg PC

The year 2020 will bring important changes to the Social Security program, including a 1.6 percent Social Security benefit increase and an increased annual earnings cap for the Old Age, Survivors and Disability Insurance (OASDI) tax, which is a...By: Flaster Greenberg PC

In response to an Executive Order issued by the President last year directing regulatory action to expand access to workplace retirement plans, the U.S. Department of Labor (DOL) issued final regulations on the definition of the term “employer” that...By: Flaster Greenberg PC

The wait for new overtime rules is over. As you may recall, the U.S. Department of Labor released a Final Rule which was to go into effect on December 1, 2016, but, due to a court-issued injunction, followed by change of administration, it never...By: Flaster Greenberg PC

On August 6, 2019, New Jersey amended its Wage and Hour Law and adopted the new Wage Theft Act (WTA), creating one of the toughest wage and hour enforcement laws in the country. This law puts a high burden on employers and imposes significantly...By: Flaster Greenberg PC

To combat historical imbalances in pay of women and minorities, New Jersey recently passed a bill amending New Jersey’s Law Against Discrimination (LAD) to prohibit employers from asking prospective employees about their current salaries....By: Flaster Greenberg PC

In Fort Bend County, Texas v. Davis, 139 S. Ct. 1843 (2019), the Supreme Court of the United States resolved a split among lower appellate courts over whether the requirement that employees file a charge with the Equal Employment Opportunity...By: Flaster Greenberg PC