Recent Publications

01.23.2020

Citizens United Turns Ten
Corporate Political Activity Law Blog
With Citizens United reaching double digits this week, now is an opportune time review the landmark case’s impact on campaign-finance law.

01.21.2020

Uncertain Fate of Affordable Care Act and 2017 Rules Creating New Exemptions to ACA’s Contraception Coverage Requirements; New Jersey’s Response
Labor & Employment Law Blog
On December 18, 2019 the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision which the court revised on January 9, declared the Affordable Care Act’s (ACA’s) individual health insurance mandate unconstitutional as a result of Congress’ elimination of the mandate’s financial penalty in the Tax Cuts and Jobs Act of 2017 (“TCJA”), but declined to invalidate ACA in its entirety and sent the case back to the district court to decide the issue.

01.16.2020

Governor Murphy, in State of the State Address, Focuses on Ethics and Pay-to-Play Reform
Corporate Political Activity Law Blog
In Governor Murphy’s January 14, 2020 State of the State address, the first-term governor promised to propose, in the coming weeks, reforms to the State’s ethics laws, financial disclosures, and pay-to-play laws. The Governor highlighted that it has been more than a decade since the Executive and Legislative branches “undertook comprehensive ethics reform.”

01.15.2020

New Jersey Employers – The NLRB Loosens Restrictions On Confidentiality Instructions For Investigations
Labor & Employment Law Blog
On December 16, 2019, the National Labor Relations Board (NLRB) issued a decision in Apogee Retail LLC d/b/a Unique Thrift Store and Kathy Johnson, upholding an employer’s confidentiality instructions to employees involved in open workplace investigations and any investigations pending or initiated after December 16, 2019. When implementing this decision to its active investigations, New Jersey employers must be mindful of pro-employee laws which not only allow, but encourage employee discussion.

01.09.2020

Appellate Division Again Reminds Employers: Don't Rush the Interactive Process, You've Made that Mistake Before
Labor & Employment Law Blog
On December 6, 2019, the New Jersey Appellate Division in V. L. v. Hunterdon Healthcare et. al., reversed and remanded a trial court’s order dismissing an employee’s claims of disability discrimination and retaliatory discharge under the New Jersey Law Against Discrimination (NJLAD).

01.07.2020

Natural Hair, Don't Care: New Jersey Bans Hair-Based Discrimination
Labor & Employment Law Blog
On December 19, 2019, Governor Phil Murphy signed an amendment to the New Jersey Law Against Discrimination (NJLAD) banning discrimination against a person’s hairstyle or texture.

01.06.2020

Secure Act Insecurities
Trust & Estates Blog
On December 20, 2019, the Setting Every Community Up for Retirement Enhancement (SECURE) Act (the“Act”) was signed into law drastically altering the administration of certain retirement plans such as IRAs and 401Ks.

01.02.2020

Know When to Fold 'Em: Appellate Division Upholds Bally’s Termination of Employee Despite Whistleblowing Activity
Labor & Employment Law Blog
On December 3, 2019, the New Jersey Appellate Division upheld the dismissal of a whistleblowing claim filed by an ex-casino employee and affirmed the trial court’s decision dismissing the employee’s claims under the Conscientious Employee Protection Act (CEPA) finding that he was properly terminated for mistreating his coworkers. Thus, he could not establish a claim for retaliation, as there was no link between his termination and his reporting of an alleged casino scam.

12.30.2019

New Jersey Salary History Ban Takes Effect January 1
Labor & Employment Law Blog
A reminder to New Jersey employers that the new law prohibiting employers from screening job applicants based on their pay history takes effect on January 1, 2020.

12.11.2019

“What Goes Around, Comes Around” – A Potential Defense to Hostile Work Environment Claims Under the NJ LAD
Labor & Employment Law Blog
On November 7, 2019, the U.S. District Court for the District of New Jersey in Paige v. Atrion Communication Resources, Inc., et al., considered a hostile work environment/sexual harassment claim under the New Jersey Law Against Discrimination (NJLAD) by a receptionist who alleged she was constructively discharged as a result of her supervisor’s conduct.