Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: May 16, 2016
The Firm
201-896-4100 info@sh-law.comAs most entrepreneurs quickly learn, launching a new business can be both an exciting and daunting adventure. Many new business owners are overwhelmed by the numerous legal obligations that come with running a business, particularly when it comes to employment laws. One of the most common areas of concern is employee wages and benefits.
Federal and state laws establish the minimum wage every worker is entitled to receive. They also identify which workers are entitled to receive overtime pay for working longer hours. Those who must be paid overtime for all hours worked in excess of 40 in a workweek are referred to as being “non-exempt.” The U.S. Department of Labor has advised that workers are presumed to be employees and entitled to minimum wage and overtime. There are limited exceptions where overtime is not required (the “white collar” exemptions, for example), but the rules for exemptions must be studied carefully and properly applied.

At the federal level, the Fair Labor Standards Act (FLSA) prescribes the standards for wages and overtime pay that affect most private employers. Employers need to comply with federal AND state wage laws, it is imperative that new businesses also receive guidance on the requirements under their state law. For instance, New York employers must be aware of recent changes to the state’s minimum wage. Further, there is no such thing as an exemption for being “salaried” without meeting the “duties tests” that must be satisfied for the exemption.
Employers must establish the seven day “work week” during which all time worked must be measured and recorded and set the “rate of pay” for the first 40 hours and the “time and one-half” overtime rate. If an employer does not keep proper time and pay records, the law will credit whatever the employee claims.
Common wage law mistakes that can lead to liability include:
While the decision to offer benefits is voluntary, employers should note that many of these benefits are subject to state and federal laws.
Other than worker’s compensation, unemployment compensation and disability under New Jersey law, the law does not generally require an employer to offer fringe benefits. Federal law mandates some employee benefits such as leave under the Family Medical Leave Act (New Jersey has a paid Family Leave benefit). Otherwise, it is the employer that determines whether to offer most other benefits, such as health insurance, dental insurance, retirement plans, etc. Paid time off such as holiday and vacation are also employee benefits determined by the employer.
While the decision to offer benefits is voluntary, employers should note that many of these benefits are subject to state and federal laws. For instance, the Employee Retirement Income Security Act of 1974 (ERISA) requires employers to provide plan participants with written notification of the most important facts they need to know about their retirement and health benefit plans including plan rules, financial information, and documents on the operation and management of the plan.
Mistakes made with respect to wages and benefit plans can lead to costly lawsuits. Therefore, it is important to consult with an experienced employment law attorney to ensure your new business is in compliance with all applicable laws.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Part 2 – Tips Excluded from Income Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross […]
Author: Scott H. Novak

Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]
Author: Scott H. Novak

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]
Author: Dan Brecher

For many New Jersey businesses, growth is a primary objective for the New Year. However, it is important to recognize that growth involves both opportunity and risk. For example, business expansion often results in complex contracts, an increased workforce, new regulatory requirements, and heightened exposure to disputes. Without proactive planning, even routine growth can lead […]
Author: Ken Hollenbeck

Crypto investor protection continues to evolve, with the SEC and CFTC investing resources and coordinating more closely to uphold regulatory standards. Whether you’re a retail investor, an institutional trader, or part of a crypto startup, understanding enforcement trends is essential for navigating this dynamic and high-stakes regulatory environment. Crypto Is No Longer the Wild West […]
Author: Dan Brecher

A Settled Regulatory Environment Enables Confident Capital Planning New Jersey’s new manufacturing incentive program, Next New Jersey Manufacturing Program, enters 2026 with something uncommon in economic development these days: policy stability. The statute is enacted, New Jersey Economic Development Authority’s (“NJEDA”) rules are adopted, and the application portal is open. With the election outcome settled, […]
Author: Michael J. Sheppeard
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!