Dena Calo and Joshua Knapp’s Article on FMLA Leave Featured in Thompson’s HR Compliance Expert

Author: Dena B. Calo, Esq. and Joshua E. Knapp, Esq.

Publication: Thompson’s HR Compliance Expert

Partner Dena B. Calo and Associate Joshua E. Knapp have co-authored an article which appears in Thompson’s HR Compliance Expert. The piece is entitled “Is a New Grandmother Entitled to FMLA Leave?” It addresses the question of an employee requesting immediate leave to care for her adult daughter who delivered a child via Caesarean section. The authors analyze this time-sensitive situation under both the Family and Medical Leave Act and the Americans with Disabilities Act, as amended, advising that the statutes need to be read together, along with the specific medical facts of the case, to reach the proper determination.

For the full article, click here:

The New Jersey Labor & Employment Law Quarterly has published an article by Partner Patrick W. McGovern and Associate Douglas J. Klein

Author: Patrick W. McGovern, Esq. and Douglas J. Klein, Esq.

Publication: The New Jersey Labor & Employment Law Weekly

The New Jersey Labor & Employment Law Quarterly has published an article by Partner Patrick W. McGovern and Associate Douglas J. Klein entitled Expect No Change in OFCCP’s Aggressive Agenda Despite Election Year. The piece explains that  New Jersey contractors who are parties to federal government contracts could soon face substantial new compliance requirements from the Office of Federal Contract Compliance Programs, the arm of the U.S. Department of Labor charged with enforcing affirmative action and equal employment opportunity requirements.

Click here for full article:

James Burns and Jennifer Borek Article “Gift Card Amendments Redraw Legal Battle” Featured on Paybefore™

Author: James M. Burns, Esq. and Jennifer Borek, Esq.

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Partner James Burns and Counsel Jennifer Borek‘s article “Gift Card Amendments Redraw Legal Battle” was featured  on Paybefore™ on November 28th.  Paybefore™ is the leading trade publication for the prepaid card industry.

Mr. Burns and Ms. Borek provide a history and analysis of the two year legislative and legal battle in New Jersey over the right to custody of dormant gift card balances.  Genova Burns represented the New Jersey Retail Merchants Association in the seminal case on this subject, New Jersey Retail Merchants Association v. Sidamon-Eristoff, et al; the United States Supreme Court recently denied the state’s Petition for Certiorari on a portion of the Third Circuit decision.

The authors conclude that: “Although retailers can now breathe a sigh of relief that the day of reckoning on gift card escheat has been forestalled for a period of time, the ultimate requirement to register gift cards and escheat to New Jersey still exists. However, with at least three years before escheat will be required…retailers and third-party issuers presently can shift their focus toward developing a business strategy that will minimize, if not negate, the requirement to escheat.”

To read the full article please click here or above.

Appellate Division Rules that Property Owners Who Purchased Contaminated Land Prior to 1993 can be Liable under Spill Act

Author: William F. Harrison, Esq. and Erin Phalon

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The Appellate Division on October 29, 2012 ruled that property owners who purchased previously contaminated land before 1993 and failed to conduct due diligence prior to the purchase may be liable under the New Jersey Spill Compensation and Control Act (“Spill Act”). The Court found that an owner who purchased contaminated land before September 14, 1993 can avoid Spill Act liability only by establishing that they are innocent purchasers.

Effective September 14, 1993, the Spill Act was amended to include the innocent purchaser defense contained in N.J.S.A. 58:10-23.11g(d)(5). The amendment provided that a person who acquired property that is considered a major facility on which there has been a discharge is not liable for cleanup or removal costs or other damages under the Spill Act if the person can show that (1) he or she acquired the property after the discharge of hazardous materials; (2) at the time the person acquired the property, he or she did not know and had no reason to know of the discharge; (3) he or she did not discharge the hazardous substance, is in no way responsible for the discharge, and is not a corporate successor to the discharger; (4)  the person notified the New Jersey Department of Environmental Protection upon actual discovery of the discharge. Following adoption of the amendment, it was clear that a person who purchased property after September 14, 1993 on which there was previously a discharge would by liable for the remediation unless it was demonstrated the above innocent purchaser criteria were met.

To read the entire article, please click above.

New DEP Beach and Waterway Access Rules Impact Storm Reconstruction and New Commercial and Industrial Development

Author: William F. Harrison, Esq. and Erin K. Phalon, Esq.

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DEP today published its new Beach and Waterway Access Rules. The rules aim to maintain existing public access to tidal waterways and provide opportunities for public access to tidal waterways at new developments. They will impact commercial and industrial development in New Jersey.

The massive destruction caused by Hurricane Sandy and the subsequent need to rebuild make these rules particularly relevant.

For the full article, please click above.  For more information contact William F. Harrison, Esq. in the Commercial Real Estate, Redevelopment and Environmental Law Practice Group at or (973) 535-4430.

Governor Christie Signs Bill Requiring Employers to Provide Gender Equality Pay Notice

Author: John R.Vreeland, Esq. and Douglas J. Klein, Esq.

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Adding to existing employer notice and posting obligations, Governor Chris Christie recently signed a bill that will require New Jersey employers to provide written notification to employees informing them of their right to gender equality in pay, compensation, benefits and other terms and conditions of employment.  The law, which supplements New Jersey’s Equal Pay Act, will apply to all New Jersey employers with 50 or more employees. The law takes effect November 21, 2012.

The bill follows a great deal of recent attention to wage and hour and equal pay practices.  For example, in 2009, President Obama signed into law the Lilly Ledbetter Fair Pay Act, which provides that the 180-day statute of limitations for filing equal-pay lawsuits resets each time compensation is paid pursuant to a discriminatory decision or practice. There has also been a noticeable increase the last several years in USDOL and NJDOL wage and hour investigations, and New Jersey employers should assume that the equal pay posting and notice requirements will be added to the investigators’ checklist for onsite inspections.

To read the full article please click above.

New Energy Credit for Commercial and Industrial Utility Customers

Author: Kenneth J. Sheehan, Esq. and Cynthia L. M. Holland, Esq.

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Earlier this year, Governor Christie signed L. 2011, c. 216 (codified at N.J.S.A. 48:3-60.3), authorizing commercial and industrial ratepayers to credit the cost of certain energy efficiency expenditures against the societal benefits charge (“SBC”). This credit is intended to provide commercial and industrial ratepayers an additional incentive to install and use energy efficient goods and services by reducing or eliminating the SBC charge in the following year or years. The proposed credit can be as much as 100% of the SBC obligation, and may be carried forward from year to year for up to 10 years.

The SBC, imposed pursuant to N.J.S.A. 48:3-60 and collected as a non-bypassable charge by the electric and gas public utilities, is incorporated into the electric and gas utility bills of customers throughout the State. The SBC provides, in part, a fund for the New Jersey Board of Public Utilities (“BPU”) to provide energy efficiency and renewable energy programs throughout the State. Because the SBC is a usage-based charge, customers that use the most electricity and gas, such as large commercial and industrial entities, bear the greatest burden for the SBC. Therefore, a credit against the SBC may result in substantial savings for commercial and industrial ratepayers.

To read the full article, please click above.

Harry G. Kapralos is quoted in the October Issue of Commerce Magazine

Author: Harry G. Kapralos

Publication: Commerce Magazine

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Harry G. Kapralos, Counsel in Genova Burns’s Business Law & Commercial Transactions and Health & Hospital Law Practice Groups, is quoted in the October issue of Commerce Magazine, the publication of the Commerce and Industry Association of New Jersey.  The article focuses on the state of healthcare in the region; Mr. Kapralos commented on the firm’s representation of Christ Hospital in the sale of its assets out of bankruptcy, including approval by the state of the transaction in accordance with the Community Healthcare Asset Protection Act. For the full article, click here.

New Jersey Supreme Court Decides DEP Must Establish Nexus Between Contamination and Defendant’s Actions

Author: William F. Harrison, Esq. and Erin K. Phalon, Esq.

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The New Jersey Supreme Court in a September 26, 2012 unanimous decision clarified the standard that the New Jersey Department of Environmental Protection (DEP) must meet when ordering defendants to remedy contamination under the Spill Compensation and Control Act (Spill Act). The Court found that DEP failed to establish a sufficient nexus between groundwater contamination that tainted private wells in Bound Brook and the dry cleaning operation of the Defendant, Sue’s Clothes Hanger.

The Court affirmed the Appellate Division’s determination that DEP did not present evidence sufficient to demonstrate that the observed discharge of PCE from a pipe at Sue’s Clothes Hanger on a single day in 1988 resulted in Bound Brook’s groundwater contamination.

To read the entire article, please click above.


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