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Employees 70 & Older Gain New Life With Expanded Protections Against Age Discrimination in the Workplace
On October 5, 2021, New Jersey Governor Phil Murphy signed legislation expanding the New Jersey Law Against Discrimination (NJLAD) providing increased protections against age discrimination for workers 70 years of age and older. The new legislation closes loopholes by repealing provisions permitting age discrimination in hiring, promoting, and retirement practices, while increasing available remedies to those facing age discrimination in employment.
Dina Mastellone Interviewed on The Lawyers Edge Podcast
Dina M. Mastellone, Esq., firm Partner and Human Resources, Counseling & Compliance Practice Chair, was recently featured on The Lawyer’s Edge podcast for an interview focused mainly on whether or not the bar association is relevant today.
NY HERO Act COVID-19 Designation Activates Employer Prevention Plans
On September 6, 2021, New York State Governor Kathy Hochul announced that the New York State Commissioner of Health has designated COVID-19 a highly contagious communicable disease that presents a serious risk of harm to the public health under the New York Health and Essential Rights Act (HERO Act), thus requiring all employers to implement workplace safety plans to prevent workplace airborne infectious disease outbreaks.
Dina Mastellone to Present "Workplace Investigations: Understanding Micro-Aggressions, Implicit Bias, and the Impact of Long-Term Virtual Workplaces on Employees and Workplace Cultures" Webcast
Partner Dina M. Mastellone, Esq. will participate in a webcast for the New Jersey State Bar Association entitled "Workplace Investigations: Understanding Micro-Aggressions, Implicit Bias, and the Impact of Long-Term Virtual Workplaces on Employees and Workplace Cultures" on September 30th.
Stepping In Where Unions Have Failed, NYC Council Imposes Just Cause Standard On Non-Union Employers
As our readers may be aware, in March 2021, New York City passed an ordinance requiring fast food employers to have just cause to discharge their employees, where discharge includes termination, constructive discharge, indefinite suspension, and reduction in hours by more than 15%. The ordinance has been effective as of July 5, 2021, and enforcement of these mandates began September 3, 2021.
Dina Mastellone Interviewed by Law360 Pulse on Recent Appointment as President of New Jersey Women Lawyers Association
Dina M. Mastellone, Esq., Partner at Genova Burns with "a passion for advancing women in the legal industry", was interviewed by Law360 Pulse on her recent nomination as President of the New Jersey Women Lawyers Association and her plans for the organization.
Dina Mastellone Appointed President of the New Jersey Women Lawyers Association
Genova Burns is pleased to announce the swearing in of Partner Dina M. Mastellone, Esq. as of President of the New Jersey Women Lawyers Association (NJWLA).
NJ Supreme Court Issues A Grim Prognosis For Employers Facing Hostile Work Environment Claims
After losing in both the trial and appellate courts, Armando Rios, Jr., an ex-Pharmaceutical Executive, managed to sway the minds of the Justices on the State’s highest court to revive his hostile work environment claim. Rios claimed his direct supervisor twice referred to Hispanics by a racial epithet thereby creating a hostile work environment. The lower courts held that two incidents are not severe or pervasive enough to constitute a hostile work environment and dismissed his case. A unanimous New Jersey Supreme Court, however, disagreed and reversed the lower court decisions.
Dina Mastellone Appointed to George Street Playhouse Board of Trustees
George Street Playhouse Board Chairman James Heston, Board President Penelope Lattimer, Artistic Director David Saint, and Managing Director Kelly Ryman announced today the appointment of Genova Burns Partner Dina M. Mastellone, Esq. to the Playhouse’s Board of Trustees.
NJ Supreme Court Strikes Adverse Employment Action Requirement in Failure to Accommodate Claims
On June 8, 2021, the New Jersey Supreme Court in Richter v. Oakland Board of Education affirmed the Appellate Division’s ruling that an employee asserting a failure to accommodate claim does not have to separately establish that she suffered an adverse employment action in addition to demonstrating her employer’s inaction in failing to reasonably accommodate her disability.
Sign on the Dotted Line: Enforceability of Arbitration Agreements Against Predecessor Company
On April 30, 2021, in Hampton v. ADT, LLC, et al., the New Jersey Appellate Division vacated a September 2020 trial court order dismissing a former employee’s lawsuit and compelling him to arbitrate his Conscientious Employee Protection Act (CEPA) claims against his former employer’s predecessor. In so doing, the Appellate Division held that the trial court must first determine whether the subject Arbitration Agreement was binding on the former Vice President, and if so, whether his former employer was, in fact, the assignee of the agreement.
NJ Appellate Narrows the Road in Auto Dealership’s Sexual Harassment Case
On May 18, 2021, in McBride v. Atlantic Chrysler Jeep, the New Jersey Appellate Division revived a Sales Consultant’s hostile work environment case against a car dealership after the Law Division previously dismissed it in the dealership’s favor. The employee claimed that she was terminated for rejecting her supervisor’s sexual advances and alleged the dealership was vicariously liable for the supervisor’s conduct. The trial court granted the dealership’s motion for summary judgment. On appeal, the Appellate Division overturned the trial court’s decision and sent the case back to the Law Division to proceed to trial.
The Devil is in the Details: NJ District Court Demands Details of Sexual Harassment to Defeat Motion to Dismiss
On April 12, 2021, the New Jersey District Court for the District of New Jersey in Spence v. New Jersey, et al., granted in part and denied in part a motion to dismiss an employee’s sexual harassment and retaliation claims under Title VII of the Civil Rights Act of 1964 (Title VII) and the New Jersey Law Against Discrimination (NJLAD). The employee claimed she was sexually harassed by her co-worker and that her supervisors took retaliatory action against her for reporting the alleged sexual harassment. The District Court found that the employee failed to sufficiently plead her sexual harassment claim for lack of pervasive harassment, and in part failed to sufficiently plead her retaliation claim for lack of temporal proximity.
Genova Burns Now Offers On-Line & On-Demand Discrimination and Harassment Training
Genova Burns has developed its online sexual harassment/#MeToo, discrimination and harassment prevention training based on its years of live training experiences and day-to-day counseling employers on these issues.
Cause & Effect: NJ Appellate Division Rules Correlation Does Not Imply Causation in Disability Discrimination Suit
On March 4, 2021, the New Jersey Appellate Division in Kalim v. Urban Outfitters, Inc. affirmed the trial court’s dismissal of a former employee’s wrongful termination, hostile work environment, and retaliation claims under the New Jersey Law Against Discrimination (NJLAD).
Let’s Go to the Video Tape: NJ Appellate Division Rules Video Dooms Nurse’s Age Discrimination Case
On March 3, 2021, the New Jersey Appellate Division upheld the dismissal of a 49-year old Nurse’s age discrimination case against St. Peter’s University Hospital. The Nurse, who was fired after using force to restrain a hospital patient, claimed the incident with the patient was merely a pretext for age discrimination, even though the surveillance video demonstrated otherwise.
Dina Mastellone, Jennifer Roselle, Brigette Eagan and Daniel Pierre Present Part II of an Employment Update 2021 Seminar for the New Jersey Coalition of Automotive Retailers
Firm Partner Dina M. Mastellone, Esq., Counsel Jennifer Roselle, Esq. and Brigette N. Eagan, Esq., and Associate Daniel Pierre, Esq. will present Part II of an Employment Update 2021 seminar for the New Jersey Coalition of Automotive Retailers on March 2nd.
Dina Mastellone, Douglas Solomon and Brigette Eagan Present Part I of an Employment Update 2021 Seminar for the New Jersey Coalition of Automotive Retailers
Firm Partners Dina M. Mastellone, Esq., Douglas E. Solomon, Esq. and Counsel Brigette N. Eagan, Esq. will present Part I of an Employment Update 2021 seminar for the New Jersey Coalition of Automotive Retailers on February 8th.
Dina Mastellone to Moderate New Jersey Women Lawyers Association "Employment Outlook 2021" Webinar
Dina M. Mastellone, Esq., firm Partner and Human Resources Counseling & Compliance Practice Chair, will moderate an upcoming New Jersey Women Lawyers Association webinar entitled "Employment Outlook 2021" on February 1st.
Requiring the COVID-19 Vaccination at Work: Issues for NJ Employers to Consider When Developing a COVID-19 Vaccination Program
We 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.