Attention New York Employers: Is Your Bonus Plan Really Discretionary? New Act Would Expand the Definition of “Wages”
New York employers that rely on “discretionary” bonus language may soon find that their bonuses are not as discretionary as previously thought. The Wage Payment Integrity Act (S2236A/A2222A) would amend Article 6 of the New York Labor Law to treat any bonus or other compensation that is not payable at the employer’s “sole and absolute […]
Appellate Division Issues First Published Interpretation of New Jersey’s Earned Sick Leave Law
In Cano v. County Concrete Corp., No. A-0056-24 (App. Div. Jan. 28, 2026), the New Jersey Appellate Division issued its first published decision interpreting the New Jersey Earned Sick Leave Law (“ESLL”), providing significant guidance to employers on the statute’s scope and enforcement. The court made clear that noncompliance with the ESLL’s recordkeeping requirements creates […]
New Jersey District Court Confirms that Misclassification Errors and Wage and Hour Violations Can Lead to Personal Exposure
A recent New Jersey District Court decision serves as a sharp reminder that job titles and pay structures alone don’t determine exemption status. An employer learned this the hard way by facing personal liability for nearly $2 million in damages for misclassifying workers and failing to pay timely wages. In Lustig v. Daniel Markus, Inc., […]