Jason R. Finkelstein

Blogs: Bankruptcy & Restructuring Law, Employment Law, Intellectual Property Law, Real Estate & Construction Law

Latest Articles

New Jersey Continues to Aggressively Pursue Measures to Halt the Misclassification of Independent Contractors

October 14, 2019

In recent months, New Jersey’s Department of Labor has ramped up its efforts to crack down on employers misclassifying workers as independent contractors rather than employees. While employees in certain situations request being engaged as an independent contractor for a variety of personal or unique circumstances, the State of New Jersey is concerned that such workers are being unlawfully denied overtime, workers’ compensation benefits, unemployment benefits and a host of other benefits to which employees…

Employment Law

Department of Labor Proposes Increased Minimum Salary for Overtime-Exempt Status Under the FLSA

By Jason R. Finkelstein

March 13, 2019

Last week, the U.S. Department of Labor (“DOL”) proposed an increase to the salary threshold required for executive, administrative and professional workers to qualify for overtime exemptions under the Fair Labor Standards Act (“FLSA”). Currently, the minimum annual salary figure required to qualify for such “white collar” exemptions is $23,660; that number is now expected to increase to $35,308 per year, or $679 per week. While the increase is substantial, it remains lower than the…

Employment Law

Reminder to NYC Employers: New Fair Workweek Laws Become Effective November 26, 2017

By Jason R. Finkelstein

November 6, 2017

The controversial New York City Fair Workweek laws are scheduled to go into effect on November 26, 2017 at the conclusion of Thanksgiving weekend. We previously blogged about the new laws shortly after their enactment earlier this year (post available here). The legislation package, consisting of 5 bills, will directly impact New York City fast food restaurants and retailers by curtailing employers’ flexibility to establish and modify employee work schedules, among other limitations.…

Employment Law

New Fair Workweek Legislation Scheduled to Take Effect On NYC Fast-Food Chains and Retailers in November 2017

By Jason R. Finkelstein

June 19, 2017

New York City Mayor Bill de Blasio recently signed a package of legislation known as the “Fair Workweek” bills, which will take effect on many of the city’s fast-food chains and retailers starting in November 2017. The package, comprised of five separate bills, includes the following (the first four of which apply specifically to fast-food eateries, and the last to retailers more generally): 1396-A: When new fast-food employees are hired, employers will be required to…

Employment Law

How Today’s Employers Can Avoid the Heat With Their Unpaid Summer Internship Programs

By Jason R. Finkelstein

May 30, 2017

Memorial Day weekend has come and gone, the weather is getting warmer, colleges are out of session, and high schools are winding down towards final exams. More than just the start of Summer, this means Summer Intern season has officially arrived. As students and job applicants are entering an ever-increasingly competitive job market, resumes beefed up with internship experiences are almost essential in most industries. Today, many go-getters are often willing to accept unpaid internships…

Employment Law

The EEOC Announces Final Rules Governing Employer Wellness Programs

By Jason R. Finkelstein

May 17, 2016

The United States Equal Employment Opportunity Commission (“EEOC”) issued final rules yesterday establishing how employer-sponsored wellness programs can comply with the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”), without discriminating against employees or running afoul of the Health Insurance Portability and Accountability Act (“HIPAA”). In today’s health-driven world, many employers are encouraging their employees to participate in wellness programs to promote good health and healthier lifestyles. Ultimately, employers aim for…

Employment Law

New Employee Wage and Benefits Legislation That All New York State Employers Must Know

By Jason R. Finkelstein

April 28, 2016

On April 4, 2016, Governor Andrew Cuomo signed legislation in connection with New York’s 2016-2017 budget that will impact employers large and small throughout the State. In addition to annual increases to the minimum wage that will ultimately reach $15.00 per hour, the legislation also provides for up to 12 weeks of paid family leave for qualifying employees. Minimum Wage Increases The timeframe for the increased minimum wages is determined by both an employer’s geographic…

Employment Law

Third Circuit Decides Two Precedential Employment Cases to Close Out November 2015

By Jason R. Finkelstein & Elizabeth Carbone

December 8, 2015

Over a span of two weeks at the end of last month, the Third Circuit Court of Appeals issued two key opinions concerning oft-scrutinized areas of employment law — rights attendant to employer-employee relationships and application of the Fair Labor Standards Act (“FLSA”). In the first of those cases, Fausch v. Tuesday Morning, Inc., the Third Circuit adopted and utilized the Darden test to assess whether a temporary employee, who was hired, paid and assigned…

Real Estate & Construction Law

NJ Developer Gets Green Light for Antitrust Suit as Rival Supermarket Owner Seeks to Block Wegmans

By Jason R. Finkelstein

November 17, 2015

The Third Circuit Court of Appeals issued a precedential opinion last week when it ruled that a New Jersey real estate developer had standing to pursue antitrust claims against the owner of a nearby ShopRite who engaged in anti-competitive activities designed at blocking the developer from bringing a Wegmans to its property. In the case of Hanover 3201 Realty, LLC v. Village Supermarkets, Inc., et al., a developer, Hanover 3201 Realty, LLC (“Hanover Realty”), signed…

Employment Law

New York Labor Law Wage Deduction Amendments Extended Through 2018

By Jason R. Finkelstein & Jed Weiss

November 5, 2015

On the eve of November 6, 2015 expiration date, New York Governor Andrew Cuomo signed legislation earlier this week (Assembly Bill A07594/S05623) extending the effective date for the expanded list of permissible wage deductions that New York employers can make pursuant to New York Labor Law Section 193. The current version of Section 193, which was amended in 2012, includes a wide range of categories of wage deductions that employers can withhold from employee wages,…

Jason R. Finkelstein

New Jersey Continues to Aggressively Pursue Measures to Halt the Misclassification of Independent Contractors

Department of Labor Proposes Increased Minimum Salary for Overtime-Exempt Status Under the FLSA

Reminder to NYC Employers: New Fair Workweek Laws Become Effective November 26, 2017

New Fair Workweek Legislation Scheduled to Take Effect On NYC Fast-Food Chains and Retailers in November 2017

How Today’s Employers Can Avoid the Heat With Their Unpaid Summer Internship Programs

The EEOC Announces Final Rules Governing Employer Wellness Programs

New Employee Wage and Benefits Legislation That All New York State Employers Must Know

Third Circuit Decides Two Precedential Employment Cases to Close Out November 2015

NJ Developer Gets Green Light for Antitrust Suit as Rival Supermarket Owner Seeks to Block Wegmans

New York Labor Law Wage Deduction Amendments Extended Through 2018

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