NEW JERSEY COMMUTER BENEFITS takes effect

New Jersey Commuter Benefits: Effective March 1, 2020, New Jersey employers with at least 20 employees will be required to offer a pre-tax transportation fringe benefit to employees who are not subject to a collective bargaining agreement. TaxFree commuter benefits can be structured as an employee-funded tax-free payroll deduction; as an employer-funded benefit; or the costs can be shared by the employer and employee. This transportation fringe benefit allows an employee to set aside funds from their paycheck on a pre-tax basis. The employee can then purchase eligible transportation services, including transit passes and commuter highway vehicle travel or for parking fees.
Currently an employee is allowed to use $270. for commuter benefits plus an additional 4270. for parking if the commuter uses both.

California's Compensable Time

In a unanimous decision, the California Supreme Court held that the time spent by employees waiting for and undergoing security checks of bags and other personal items is compensable time under California law, even when the policy applies only to employees who choose to bring personal items to work. California has traditionally provided greater protection to working employees. Federal law has determined that the time employees spend going through security checks is not part of their workday. California law requires employees to be compensated not only when they are working but  when they are subject to the employer's control. The court ruled that the time is compensable if a # of factors are in play: mandatory nature of the activity, location of the activity, degree of the employer's control, whether the activity primarily benefits the employee or employer and whether the activity is enforced through disciplinary measures. This case has many ramifications. It provides a key for evaluating other compensable time under CA law

Salary History Ban

NYS  law that bans salary history questions takes effect January 6, 2020.
Employers can not ask employees or applicants their previous salaries. Employers can not use salary history to determine an employee's rate of pay.

NYS Expands Pay Equity Law

New York state has expanded a state law prohibiting gender pay discrimination, making it illegal to pay someone less based on factors such as race, religion or gender identity. 

The new law also changes a legal standard for pay equity to make it easier for employees to prove discrimination in court. 

Gov. Andrew Cuomo signed the changes into law in Manhattan, the law takes effect October 8, 2019.

The law requires equal pay  among employee who preform " substantially similar"
work not just "equal work". Employers will not be able to hide behind job titles but must consider classes of job and roles.
This law does not just cover sex but includes age, race, creed, color, gender identity, gender expression, martial status, domestic violence victim status or other status protected by law.

NJ MINIMUM WAGE INCREASE EFFECTIVE JULY 1, 2019

Effective July 1, 2019 minimum wage goes up for most workers to $10.00 per hour from $8.85. 1/1/2020 it will go to $11. and then increase each January 1st by another dollar.

Small employers of less than 6 employees (and agricultural employers) remains at $8.85 till 1/1/2020 when it goes up to $10.30 and then increase each January 1st.

NJ is on a march to $15. per hour by 2024.

Tipped workers increase from $2.13 to $2.63 effective July 1, 2019 and then every January 1st it will increase till 1/1/2022, where it will hit $5.13. Tips must bring it to regular minimum wage.

New In 2019: Illinois Employers Must Reimburse Business Expenses

Illinois amended the Illinois Wage Payment and Collection Act, effective Jan. 1, 2019. The new amendment requires employers to reimburse employees for certain expenses and losses.

The law states that employers are required to reimburse employees for “all necessary expenditures or losses incurred within the employee’s scope of employment and directly related to the services performed for the employer.” This includes, but is not limited to, business travel, customer entertainment, home office supplies, cell phone expenses and more.

Employees must submit reimbursement requests, along with supporting documentation, to employers within 30 days of incurring the expense unless a different time period is specified by the employer.

Lastly, the amendment excludes certain types of losses from those an employer is required to reimburse, including losses due to an employee’s own negligence and losses due to regular wear.

Illinois now joins several other states such as CA, IA AND NH with this requirement. IL law is different in that the law permits employers to maintain written expense reimbursement policies that reimburse employees for less than the full cost of the expense.

The act provides that an employer will not be liable for the portion of the expenditure that exceeds the specifications or guidelines of the employers policy, so long as the policy does not provide for no reimbursement or a de minimis reimbursement. Employers may reimburse at less than 100% of the expenditure amount as long as the employer provides some real reimbursement based on a written policy that provides some real reimbursement.

2019 NEW LIMITATIONS ON FICA ET. AL.

                                  FICA (oasdi) limit will be $132,900. up from $128,700.
                                  401k/403b limit is $19,000 up from $18,500, if over 50, $25,000.            
                                  NYS SUI wage limit $11,400. NJS SUI wage limit  $33,700.
                                  NYC minimum wage if below 11 employees $13.50 if over 11 $15.00.
                                  tipped minimum in NYC $10. if 11 employees for food service workers if less
                                  than 11 employees $9, tipped delivery workers $12.50 in Nyc
                                  LONG ISLAND & Westchester county $12. minumum per hours, tipped
                                  workers $8.
                                  Rest of NYS $11.10 per hour and tipped workers $7.50
                                  NJS minimum wage $8.85, tipped workers $2.13 per hour