Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: February 9, 2018
The Firm
201-896-4100 info@sh-law.comThe regulatory landscape has changed dramatically under President Donald Trump. For employers, 2017 was a year of big changes. While many federal employment law developments decreased the compliance burdens on New York and New Jersey employers, they have also resulted in some regulatory uncertainty.

Below is a brief summary of the key labor law decisions, policy changes and regulations of the past year:
(1) Expanded Reporting Requirements of EEO-1 Form: In September, the Office of Management and Budget (OMB) issued a memorandum indefinitely staying the expanded reporting requirements of the new EEO-1 form. Given the burdens associated with enhanced data collection, the announcement is great news for employers. Despite the stay, gender pay equity will remain a priority for the EEOC heading into 2018. The decision to stay the EEO-1 reporting requirements will also likely have no impact on state-level efforts to address the use of salary history and increase pay transparency.
(2) Increased ICE Workplace Investigations: The Trump Administration has made illegal immigration a top priority. In November, the U.S. Immigration and Customs Enforcement (ICE) announced plans to increase worksite inspections by “four to five” times the current levels. Given that minor Form I-9 violations can lead to costly fines, all employers would be well advised to have their documents in order should ICE come knocking.
(3) Transgender Discrimination under Title VII: The Department of Justice (DOJ) announced a new policy regarding gender identity discrimination in 2017. According to Attorney General Jeff Sessions, “Title VII prohibition on sex discrimination encompasses discrimination between men and women but does not encompass discrimination based on gender identity per se, including transgender status.” Notably, the DOJ’s position contradicts the position adopted by the Equal Employment Opportunity Commission (EEOC) and is at odds with several federal court decisions.
(4) Joint Employment: The Department of Labor (DOL) rescinded its 2016 guidance for determining when companies are “joint employers.” Under the Obama Administration, the DOL had advised that joint employment should be construed broadly for the purposes of the Fair Labor Standards Act and Seasonal Agricultural Worker Protection Act. While the DOL’s decision to the rescind the guidance does not erase the risk for liability, it does suggest that the agency will likely devote the majority of its attention to the most flagrant violations.
(5) Worker Misclassification: The DOL also rescinded prior guidance on the misclassification of employees as independent contractors. In July 2015, the DOL published guidance that broadly concluded that “most workers are employees under the FLSA’s broad definitions.” While the DOL’s policy shift is good news, employers should expect that state regulators and private litigants will continue to bring actions in this area.
Additional changes in federal employment law are likely on the horizon. After the Obama Administration’s overtime rule was struck down, the DOL has announced that it plans to craft new overtime standards. The agency has also proposed rules to roll back the existing prohibition against tip pooling.
To stay on top of the latest developments, we encourage New York and New Jersey employers to regularly visit our website and contact one of our experienced employment attorneys with any questions about how new and proposed changes could impact your operations.
Do you have any questions? Would you like to discuss the matter further? If so, please contact me, Sean Dias, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Author: John D. Giampolo

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Author: Wendy Rubinstein Quiroga

For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]
Author: George McGowan

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Author: Donald M. Pepe

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
Author: Marc J. Comer

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]
Author: Jay McDaniel
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!