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General Search Results:

• 06.16.2022

  It’s Settled . . . Or Is It? NJ Appellate Division Rules The NJLAD Does Not Prohibit Non-Disparagement Clauses in Settlement Agreements
  On May 31, 2022, in Savage v. Township of Neptune, the New Jersey Appellate Division partially upheld, and partially overturned, a trial court’s enforcement of a private settlement agreement, holding that although the settlement agreement’s non-disparagement clause was enforceable and not violative of the statutory prohibition against enforcing non-disclosure provisions in harassment/discrimination/retaliation cases, the employee’s allegedly disparaging statements did not actually violate the non-disparagement clause as written.

• 05.31.2022

  Is There a Problem Officer?: NJ Appellate Division Affirms Dismissal of Retired Police Officer’s Disability Lawsuit
  On May 23, 2022, the New Jersey Appellate Division upheld a trial court’s dismissal of failure to promote, hostile work environment, and retaliation claims brought by a retired New Jersey State Police Trooper. In Stonnell v. State of New Jersey, the Appellate Division affirmed the trial court’s dismissal of the trooper’s New Jersey Law Against Discrimination (NJLAD) claims, finding that he failed to set forth facts sufficient to establish that the New Jersey State Police violated the law with respect to his employment.

• 05.26.2022

  Digital Walls Surrounding Speech on Social Media Crumble: NJ Appellate Division Upholds Employee Termination for Racist Facebook Posts
  On May 20, 2022, in McVey v AtlantiCare Medical System, the New Jersey Appellate Division Panel affirmed the dismissal of an employee’s case holding that her termination was not in violation of the protections afforded to speech. After losing her job for posting racist comments on social media, Plaintiff, Heather J. McVey, learned that freedom of speech, like all rights, is not absolute.

• 05.26.2022

  Jennifer Roselle Featured in ROI-NJ Article "Why New Jersey is still eager to bring crypto market to state — even after the crash"
  Genova Burns Partner Jennifer Roselle, Esq. discusses whether or not employees can be paid in crypto as it relates to the Fair Labor Standards Act (FLSA) in recent ROI-NJ article: "Why NJ is still eager to bring crypto market to state — even after the crash"

• 05.17.2022

  Dina Mastellone and Jennifer Roselle to Present "Clearing The Haze: Maintaining A Drug Free Workforce" Webinar for NJ CAR
  Firm Partners Dina M. Mastellone, Esq. and Jennifer Roselle, Esq. will present a webinar entitled, "Clearing The Haze: Maintaining A Drug Free Workforce" for the New Jersey Coalition of Automotive Retailers (NJCAR) on June 8th. 

• 05.02.2022

  Jennifer Roselle to Present Human Resources Legal Update Virtual Event for the Commerce and Industry Association of New Jersey
  Partner Jennifer Roselle, Esq. will present a "Human Resources Legal Update" virtual event for the Commerce and Industry Association of New Jersey on May 4th. 

• 04.28.2022

  Glass Houses: Hostile Work Environment Claim Dismissed Due to Employee’s Own Unprofessional Conduct
  On April 19, 2022, in Bouziotis v. Iron Bar, LLC, the New Jersey Appellate Division upheld a trial court’s dismissal of a former bartender’s hostile work environment and gender discrimination claims partly on the grounds that employee partook in the “pejorative language and boorish conduct pervading Iron Bar’s atmosphere,” just as much as anyone else, regardless of gender. Because the former employee could not show that the alleged misconduct occurred “but for [her] gender,” the Appellate Division upheld the trial court’s grant of summary judgment in favor of the employer.

• 04.25.2022

  Employer Documentation Saves the Day & Earns Dismissal of Age Bias Lawsuit
  On April 4, 2022, in the matter of Jane Rocks, et al. v. PNC Investments LLC, et al., a three-judge Appellate Panel affirmed the Superior Court’s grant of summary judgment in favor of PNC Investments LLC and dismissing the former employees’ claims of age discrimination, hostile work environment, and constructive discharge in violation of the New Jersey Law Against Discrimination (NJLAD). The Appellate Division found the employees were unable to demonstrate that they were held to higher standards due to their age.

• 02.25.2022

  To Be Blunt: The NJLAD Does Not Bar Arbitration of Medical Marijuana User’s Employment Claims
  On February 15, 2022, the New Jersey Appellate Division upheld a trial court Order compelling arbitration of discrimination and wrongful termination claims brought by a former employee who was terminated for testing positive for marijuana. In a matter of first impression, the Appellate Division in Antonucci v. Curvature Newco, Inc. held that federal law governing arbitration preempts a 2019 amendment to the New Jersey Law Against Discrimination (NJLAD) invalidating employment agreements that require employees to waive certain rights, with respect to discrimination, retaliation, and/or harassment claims.

• 02.23.2022

  Vaccination or (Possibly) Termination: Appellate Division Affirms NJ Executive Order 283
  The Appellate Division upholds Governor Murphy’s Executive Order 283, one of the most recent COVID-19 mandates requiring full vaccination (without the alternative option for testing) for covered workers in healthcare and high-risk congregate facilities.

• 01.25.2022

  New York City Passes Law Requiring Salary Ranges in Job Postings
  A makeover is on the horizon for job postings in New York City. On December 15, 2021, the New York City Council passed new legislation relating to wage transparency on job postings. On January 15, 2022, New York City Mayor Eric Adams returned this bill without a veto, effectively passing it into law. The goal of the legislation was to reduce pay disparities affecting historically disadvantaged applicants, which follows a national trend.

• 01.18.2022

  Whose Burden is it Anyway? NJ Appellate Division Holds Employee Fails to Meet the Burden of Persuasion of Showing Discriminatory Intent
  Despite surviving summary judgment, securing a favorable verdict at the second trial, and being awarded counsel fees, Plaintiff’s gender discrimination case was abruptly dismissed by the Appellate Division. On January 3, 2022, the three-judge panel held that an employee in a discrimination case bears the burden of persuasion at all stages. This employee’s argument fell short of that burden, and her case was, therefore, dismissed.

• 12.01.2021

  Angelo Genova Recognized Again as One of Lawdragon's Leading Corporate Employment Lawyers of America
  Firm Chairman & Managing Partner Angelo J. Genova, Esq. has been named once again to Lawdragon's Most Powerful Corporate Employment Lawyers annual listing. This listing process has been created "over 30 years of researching and reporting on the legal profession and creating lists and guides to the most effective legal professionals." 

• 11.19.2021

  New York’s New Electronic Monitoring Law Mandates New Disclosure Requirements for Employers
  It’s a new dawn of electronic monitoring in New York, as employers will soon be required to disclose the extent of their electronic monitoring of employees in the workplace. On November 8, 2021, New York Governor Kathy Hochul signed a new law amending New York State’s Civil Rights Law requiring all private employers that conduct business in the State of New York, regardless of size, to provide notice to employees of electronic monitoring of telephone, email, and internet access and usage.

• 11.18.2021

  Jennifer Roselle to Present "Personnel Policies – Diversity, Equity, & Inclusion Policy" at the New Jersey State League of Municipalities Annual Conference
  Firm Partner Jennifer Roselle, Esq. will present a program entitled, "Personnel Policies – Diversity, Equity, & Inclusion Policy" at this year's New Jersey State League of Municipalities Annual Conference on Thursday, November 18th. 

• 11.10.2021

  Federal Government Issues Regulations Regarding Vaccine Mandates for Private Employers
  Recently, we published a blog post describing the numerous state and federal vaccine mandates that have been announced. We noted that we were awaiting Emergency Temporary Standards from the Occupational Safety and Health Administration (“OSHA”) and revised regulations from the Centers for Medicare & Medicaid Services (“CMS”) regarding further vaccine mandates. OSHA and CMS released these regulations on November 4, 2021. Given the broad reach of these new requirements, employers must quickly assess the impact of the requirements on their workforces and, if necessary, implement policy changes.

• 11.05.2021

  Katherine Stuart and Daniel Pierre to Present at Rutgers Business School's Annual Human Resources Legal Workshop
  Associates Katherine E. Stuart, Esq. and Daniel Pierre, Esq. will present at Rutgers Business School's Annual Human Resources Legal Workshop on Friday, November 5th.

• 11.03.2021

  Employers Beware: New York State Expands Whistleblower Protections Increasing Employer Liability
  On October 28, 2021, New York Governor Kathy Hochul signed legislation amending the New York Labor Law (“Labor Law”) to substantially enhance the whistleblower protections afforded to private-sector workers who report alleged wrongdoing by their employers significantly increasing potential liability for New York employers. The legislation becomes effective 90 days after its signing, was amended to include a two-year statute of limitations, and significantly broadens the scope of covered individuals and protected activities.

• 09.10.2021

  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. 

• 09.08.2021

  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.

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