08.15.2023You Can Say What?! New Jersey District Court Rejects Claims of Hostile Work Environment On July 29, 2023, the United States District Court for the District of New Jersey in Tavares v. Builders FirstSource Northeast Group, Inc., granted Defendant’s Motion for Summary Judgment most notably finding that racist and sexual comments that Plaintiff used to support his claim of hostile work environment did not rise to the “severe and pervasive” standard necessary to support a claim. This case harkens back to the notorious case of Heitzman v. Monmouth County, 321 N.J. Super. 133 (App. Div. 1999), where several anti-Semitic comments were found insufficient to meet the “severe and pervasive” standard. Heitzman was of course cited by every defense lawyer for the next decade to try to defeat hostile work environment claims. So, the question becomes does Tavares mean that the New Jersey courts will become more skeptical of plaintiff’s claims and more supportive of employer defenses like in Heitzman, despite the Me Too movement and the seeming reluctance by the New Jersey judiciary to grant summary judgment to employers? The answer is context matters. There are lessons from Tavares to be sure, but it does not yet herald a major shift to employers in the New Jersey courts.
07.30.2021Paycheck Protection Program - Necessity QuestionnaireThe Small Business Administration ("SBA") has announced, that it has discontinued use of the Loan Necessity Questionnaire, in regards to the PPP program, citing delays caused by loan necessity reviews.
01.11.2021Paycheck Protection Program: More Clarifying Rules, Second Draws and a New Application FormOn January 6, 2021, the SBA and the Treasury Department released interim final rules for the Paycheck Protection Program (“PPP”) Second Draw Program, which was created as part of the stimulus bill enacted into law on December 27, 2020, namely the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (the “Act”).
12.24.2020New Jersey Economic Recovery Act of 2020On December 21, 2020, the New Jersey Legislature passed the “New Jersey Economic Recovery Act of 2020” (the “Economic Recovery Act”), an omnibus piece of legislation which provides support for various programs and policies related to jobs, property development, food deserts, community partnerships, small and early-stage businesses, among others. The bill now heads to Governor Murphy, who is expected to sign it into law.
12.23.2020Stimulus – Implications for Recipients of PPP and EIDL AdvancesLate Monday evening, Congress passed a $900 billion stimulus bill that, among other things, includes some continuation of relief (albeit on a modified basis) for individuals and businesses impacted by the coronavirus (COVID-19) pandemic, adds additional categories of allowable expenses under the Paycheck Protection Program (“PPP”), and tackles the prior determination of the Internal Revenue Service (“IRS”) that precluded recipients of PPP loans from taking deductions for expenses that were paid for with PPP loans and results in forgiveness.
12.11.2020Employers Should Use Caution Before Changing Their COVID-19 Policies Despite New CDC 7-Day and 10-Day Quarantine OptionsOn December 2, 2020, the Centers for Disease Control and Prevention (“CDC”) issued new guidance, which provides that in certain circumstances, individuals who were potentially exposed to COVID-19 by being in close contact with an individual that tested positive for the virus (“Close Contact”), can take steps to reduce the length of a standard 14-day quarantine period.
11.24.2020Requiring the COVID-19 Vaccination at Work: Issues for NJ Employers to Consider When Developing a COVID-19 Vaccination ProgramWe have seen recent articles speculating on whether employers can require their employees to take an FDA-approved COVID-19 vaccination as a condition of employment or continued employment. Here, without giving any legal advice, for private (non-governmental) New Jersey employers, odds are that this type of employment rule will be permissible, with certain limitations, discussed herein.
11.06.2020New Jersey Enacts New COVID-19 Workplace Safety ProtocolsEffective 6:00 am on Thursday, November 5, 2020, pursuant to Governor Phil Murphy’s October 28, 2020 Executive Order 192 (“EO 192” and “Order”), every New Jersey business which operates with employees and customers physical present at the worksite, will be required to comply with the State’s new COVID-19 workplace safety protocols.
10.20.2020Paycheck Protection Program Update: Where do you Stand? The SBA, in consultation with the Treasury, released a new interim final rule, to simplify loan forgiveness for certain borrowers of Paycheck Protection Program (“PPP”) loans. Specifically, the SBA has issued a rule that provides for a de minimis exemption from the full-time equivalent employee reduction penalty and the employee salary and wage reduction penalty for loans of $50,000 or less
08.06.2020Separate PPP Loan Forgiveness FAQs Now ReleasedThe Small Business Administration (in consultation with the Department of the Treasury) has issued a separate set of FAQs to deal with the forgiveness component of the Paycheck Protection Program.
06.24.2020Paycheck Protection Program: More Interim Rules Issued by SBAOn June 22, 2020, the SBA issued another set of interim final rules to conform earlier issued rules with the Paycheck Protection Program Flexibility Act of 2020 (the “Flexibility Act”). Specifically, these rules revise the interim final rules issued on June 1, 2020 regarding loan forgiveness and the SBA’s loan review procedures.
06.17.2020EMPLOYEES COVID-19 RELATED COMPLAINTS IN NEW JERSEYThe pandemic brought pandemonium to many New Jersey workplaces. With the second largest outbreak in the country only behind New York, and being the most densely populated state in the country, New Jersey was hit particularly hard by the pandemic giving rise to a number of employee suits.
06.17.2020COVID-19 "EZ" Loan ForgivenessThe SBA has released a revised version of the previously issued Paycheck Protection Program Loan Forgiveness Application, updated to reflect changes effected by the Paycheck Protection Program Flexibility Act of 2020 (the “Flexibility Act”), enacted into law on June 5, 2020.
06.11.2020Paycheck Protection Program: New Interim Final RulePlease note that another set of interim final rules has been released, amending the first interim rules, for the Paycheck Protection Program, to reflect modifications effected by the Paycheck Protection Program Flexibility Act of 2020 enacted on June 5, 2020.
06.05.2020Paycheck Protection Program: Congress Responds to Business Concerns Regarding Forgiveness PeriodOn June 3, 2020, the Senate approved the Paycheck Protection Program Flexibility Act (the “Flexibility Act”), which purports, among other things, to extend the 8-week ‘covered period’, for the incurrence and payment of eligible forgivable costs and to reduce the 75% payroll costs requirement.
05.17.2020Paycheck Protection Program Forgiveness Application Form Finally Released!The Treasury Department and the U.S. Small Business Administration (SBA) have released the Paycheck Protection Program Loan Forgiveness Application, which sheds further light into how borrowers may seek, and obtain, forgiveness of their Paycheck Protection Program loans. In addition to worksheets that calculate eligible forgiveness amounts, the loan application and its accompanying instructions clarify a few prior unknowns (mysteries).
04.24.2020COVID-19 Payroll Protection Update: SBA Adds Liquidity Requirement to QualifyAnnouncement – The Treasury Department updated its FAQS regarding the economic uncertainty and need certification to be made by PPP applicants/borrowers, requiring that borrowers take into account their current business activity and their ability to access other sources of liquidity sufficient to support their ongoing operations.
04.24.2020COVID-19 Paycheck Protection ProgramAn interim final rule – affecting changes to the Paycheck Protection Program was released Friday, April 24th.
04.22.2020New Jersey Gives Employers Struggling with the COVID-19 Pandemic a Temporary Break: Delay and Changes to the Amended New Jersey WARN Act In response to growing concerns of employers due to the COVID-19 pandemic, on April 14, 2020, Governor Phil Murphy signed into law new legislation which provides two significant changes to the Millville Dallas Airmotive Plant Job Loss Notification Act (NJ WARN). Pursuant to the January 21st changes, initially scheduled to become effective on July 19, 2020, employers will be required to provide longer notice periods and mandatory severance pay in connection with a large layoff or facility closure.
04.21.2020New Law Allows Remote Notarization During COVID-19 PandemicOn April 15, 2020, New Jersey Governor Phil Murphy signed bill A-3903 into law. The new law allows for New Jersey notaries (or an officer authorized to take oaths, affirmations, and affidavits, or to take acknowledgements) to notarize documents virtually using audio-video technology, during the time of this public health emergency (as declared by the Governor in Executive Order 103 of 2020).
04.03.2020COVID- 19:How Will my Business Survive? Join the Honorable Timothy Dougherty, Mayor of Morristown, Counsel Keith Krauss, and Associate Young-Ji Park of Genova Burns as they discuss the availability of funding programs from the NJEDA to assist your business.
04.02.2020COVID-19: SBA Paycheck Protection ProgramThe Interim Final Rule (the “Rule”) pertaining to applications for the Paycheck Protection Program was released this evening, April 2, 2020.
03.27.2020COVID-19 : A Synopsis of New Economic Development Authority GuidelinesThe COVID-19 global health pandemic is proving to have long-reaching economic effects. The New Jersey Economic Development Authority has introduced a multitude of programs to provide aid to New Jersey businesses. The programs are tailored to assist small and medium sized businesses in a variety of situations. Genova Burns has compiled the most recent offerings from the state to keep New Jersey working.
03.24.2020New Jersey Employers Prohibited from Terminating Employees for Time Off in Connection with COVID-19On March 20, 2020, New Jersey Governor Phil Murphy signed Assembly Bill No. A3848 prohibiting employers from terminating, demoting or otherwise penalizing an employee for requesting or taking time off from work in connection with an infectious disease during the Public Health Emergency and State of Emergency declared in Governor Murphy’s Executive Order 103.
03.23.2020COVID-19 Crisis Assistance: Is your business eligible?While we wait for Congress to pass further legislation to aid businesses in light of the COVID-19 crisis, there is currently a US small Business Administration (“SBA”) program in place which may provide relief.
03.17.2020Contract Liability in the Wake of the Novel Coronavirus (COVID-19)The worldwide spread of COVID-19 has presented real-world complications to people and businesses with ongoing obligations that are becoming increasingly difficult to meet in the face of quarantines, travel restrictions and the like. Because our firm’s litigators and transactional attorneys have been receiving so many inquiries lately about legal issues and potential defenses which may apply to current and future commercial contracts, the following are key issues to bear in mind.
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