Blog and Alerts

May 19 2025

How Are Essential Job Functions Defined by the ADA? What Employers Should Know 05.19.2025 Employer's Legal ResourceMost employers know the ADA requires accommodations for employees with disabilities who can perform essential job functions—unless it causes undue hardship. But what exactly are essential job functions?

May 13 2025

Can Employers Be Held Liable For AI Discrimination? 05.13.2025 Employer's Legal ResourceEarlier this year, New Jersey’s Attorney General and the Division on Civil Rights issued guidance concerning Artificial Intelligence discrimination in hiring and employer liability for AI decisions under the New Jersey Law Against Discrimination. The guidance is intended to address the risk of bias-based harassment and discrimination resulting from the use of AI.

May 01 2025

Employer's Legal Resource Newsletter | January-April 2025 05.01.2025 Employer's Legal ResourceAs we move through the first half of 2025, New Jersey employers face an evolving legal landscape shaped by new developments in worker classification, diversity and inclusion mandates, and the growing impact of artificial intelligence in the workplace. Click “Read More” to explore the latest updates from the Wilentz Employment Law Team.  

Apr 22 2025

Family Medical Leave Act Update: Employers Should Look Beyond the Acronym FMLA to Understand Employee Requests for Leave 04.22.2025 Employer's Legal ResourceWhen an employee knows about the need for leave in advance, it is their responsibility to request leave under the Family and Medical Leave Act (FMLA) on at least thirty (30) days’ notice if it is practical and possible to do so. However, employees often request FMLA leave for reasons that are unplanned and unexpected. In that case, employees do not need to specifically state that they are asking for leave under the FMLA. No “magic words” needed. Here’s what employees do need to say to trigger their rights. 

Apr 17 2025

Deed Fraud- What Is It and How Can You protect Yourself 04.17.2025 New Jersey Criminal Law ResourceDeed fraud—also known as home title theft—involves forging documents to steal property ownership. Scammers can then sell the home, take out a mortgage, or rent it for profit. It’s a growing problem, with the FBI reporting over $145 million in losses from real estate and rental fraud in 2023 alone. Deed fraud is on the rise—even in New Jersey. Click to find out how to protect your property.

Mar 28 2025

What An Employer Should Do If ICE Issues A Notice of Inspection 03.28.2025 Employer's Legal ResourceEmployers shouldn’t just worry about ICE showing up to detain employees—there’s also the risk of receiving a Notice of Inspection (NOI). ICE, as the investigative arm of the Department of Homeland Security, is authorized to inspect employee I-9 forms to verify identity and work authorization. Learn what a NOI means and how to prepare before it’s too late.

Mar 25 2025

The New Direction of the National Labor Relations Board 03.25.2025 Employer's Legal ResourceSection 7 of the National Labor Relations Act (NLRA) protects employees who act together to improve their working conditions—whether it’s through unionizing or other forms of collective action. These protections apply to many workers, even outside of unions. Want to know how the NLRB enforces this and shapes policy? Learn how federal law has your back when you speak up at work.

Mar 10 2025

Wage and Hour Laws Apply to Undocumented Workers 03.10.2025 Employer's Legal ResourceBoth the federal Fair Labor Standards Act (FLSA) and New Jersey wage and hour laws apply to all workers—regardless of immigration status. Employers cannot use a worker's undocumented status to avoid paying minimum wage or overtime, or to retaliate against workers who report wage violations. Think your rights don’t apply? Read more to understand the protections you’re entitled to.

Mar 06 2025

More CTA Developments: U.S. Treasury Announces U.S. Citizens and Domestic Entities Immune From Enforcement 03.06.2025 Health Law Check UpOn March 2, 2025, the U.S. Department of the Treasury announced it will no longer enforce Corporate Transparency Act (CTA) requirements against U.S. citizens or domestic entities. Instead, reporting obligations will apply only to foreign-formed entities doing business in the U.S. Find out how this shift could affect your compliance obligations moving forward.

Feb 19 2025

Smith preliminary injunction has been stayed - the CTA is BACK 02.19.2025 Health Law Check UpOn February 17, 2025, in a decision by the U.S. District Court for the Eastern District of Texas in Smith, et al. v. U.S. Department of the Treasury, et al., 6:24-cv-00336 (E.D. Tex.), beneficial ownership information (BOI) reporting requirements under the Corporate Transparency Act (CTA) are, once again, back in effect. FinCEN, has provided most entities with a March 21, 2025 filing deadline.