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Brigette Eagan To Present On The "Expanded Warn Act: What You Need to Know" Panel At NJSBA's Spring Conference Webcast
Firm Partner and Employment Law & Litigation specialist Brigette N. Eagan, Esq. will present on the "Expanded Warn Act: What You Need to Know" panel for the "Labor & Employment Law: Strategies for Changing Times" webcast section at New Jersey State Bar Association's Spring Conference on March 27th.
To Click or Not to Click: NJ Appellate Division Reaffirms Enforceability of Electronic Arbitration Agreements
On March 7, 2023, in Dakota Powell vs. Prime Comms Retail LLC, the New Jersey Appellate Division ruled that a former employee must arbitrate her claims of race discrimination, rather than pursue them in court due to her electronic acknowledgement of a Mutual Agreement to Arbitrate upon hiring. The decision in Powell further confirms the growing acceptance of arbitration agreements by the New Jersey courts in New Jersey Law Against Discrimination (NJLAD) cases.
What The Temporary Workers' Bill of Rights Means For New Jersey Employers
On February 6, 2023, Governor Murphy signed Assembly Bill 1474/S511, commonly referred to as the "Temporary Workers' Bill of Rights." The bill's "equal-pay-equal-benefit" provision requires that temporary workers be paid at least the same average rate of pay and equivalent benefits (or cash equivalent) as the third-party client’s permanent employees performing the same or similar work on jobs that require equal skill, effort, and responsibility. The legislation applies to workers in designated classifications, including certain workers in protective service, food preparation and serving, building, and grounds cleaning and maintenance, personal care and service, construction, production, and transportation occupational categories.
John Petrella Quoted in Bloomberg Law Daily Labor Report Article "Religious Accommodation Test on Thin Ice With Justices’ New Case"
John C. Petrella, Esq., Genova Burns Partner and Labor & Employment Law litigation specialist, was recently featured in a Bloomberg Law Daily Labor Report article entitled "Religious Accommodation Test on Thin Ice With Justices’ New Case".
Beginning On April 10, 2023, New Jersey Employers Must Comply With Stricter Requirements On Mass-Layoffs And Business Closures
In 2020, New Jersey amended the Millville Dallas Airmotive Plant Job Loss Notification Act (referred to as the NJ WARN Act), which regulates employers implementing mass layoffs and business closures. Governor Phil Murphy placed those amendments on hold due to the Covid-19 pandemic. Three years after their enactment, on January 10, 2023, Governor Murphy passed legislation making those amendments effective on April 10, 2023. Those amendments change the landscape for those employers who are forced to close their doors or reduce their workforce.
Dina Mastellone and Brigette Eagan to Present "Employment Law & HR Outlook For 2023" Webinar for New Jersey Coalition of Automotive Retailers
Firm Partner Dina M. Mastellone, Esq. and Counsel Brigette N. Eagan, Esq. will present an Employment Law and HR Outlook for 2023 webinar for the New Jersey Coalition of Automotive Retailers on January 19th.
Dina Mastellone To Present Workplace Investigations Webcast for NJICLE
Firm Partner Dina M. Mastellone, Esq. will present a webcast for NJICLE entitled "Workplace Investigations: Understanding Micro-Aggressions, Implicit Bias, and the Impact of Long-Term Virtual Workplaces on Employees and Workplace cultures.
Federal Trade Commission Proposes Banning Noncompete Clauses
On January 5, 2023, the Federal Trade Commission (FTC) proposed a radical and unprecedented rule that would prohibit employers from entering noncompete clauses with their workers. This follows the initiation of a landmark FTC enforcement action aimed at noncompete clauses and a larger crackdown on what the FTC perceives as unfair restrictions on competition.
Jennifer Roselle to Present Business Management Workshop at Rutgers Business School's Annual Business Community Engagement Symposium
Genova Burns Partner Jennifer Roselle, Esq. will present a business management workshop at Rutgers Business School 7th Annual Business Community Engagement Symposium- Migrating Through A Changing Economy on November 9th.
Dina Mastellone To Present on Labor & Employment Law Panel at NJSBA Mid-Year Meeting
Firm Partner & Human Resources Counseling & Compliance specialist Dina M. Mastellone, Esq. will present at the 2022 New Jersey State Bar Association (NJSBA) Mid-Year Meeting.
Brigette Eagan and Christopher Manley to Present Webinar for Rutgers's Entrepreneurship Pioneers Initative
Genova Burns' Counsel Brigette N. Eagan and Associate Christopher L. Manley will present a workshop for Rutgers Business School's Entrepreneurship Pioneers Initiative (EPI) program for new entrepreneurs/start-ups on November 4th.
Dina Mastellone and Jennifer Roselle to Present Webinar "Updated Guidance on Drug Testing, Discipline & Cannabis In The Workplace" for New Jersey Coalition of Automotive Retailers
Genova Burns Partners Dina Mastellone, Esq. and Jennifer Roselle, Esq. will present a webinar for the New Jersey Coalition of Automotive Retailers on October 27th entitled, "High Maintenance: Updated Guidance on Drug Testing, Discipline & Cannabis In The Workplace."
Third Circuit Confirms ABC Test Applies in Wage Theft Case
In a recent decision in Bailey v. Millennium Group of Delaware et al, the U.S. Court of Appeals for the Third Circuit confirmed that the ABC Test – long used by the New Jersey Department of Labor – sets forth the proper analysis for determining whether a worker is an employee or an independent contractor under the State’s wage and hour laws.
Can Money Buy Happiness? New York Seeks to Retain Health Care Workers Through its New Bonus Initiative
Last month, New York Governor Kathy Hochul announced the launch of the Health Care and Mental Hygiene Worker Bonus (HWB) Program, an initiative to increase New York’s health care workforce by 20% over the next five years. The Program seeks to recruit, retain, and reward health care and mental hygiene workers through issuing bonuses to qualifying workers who remain in their position for at least six months.
High Maintenance: The NJ Cannabis Regulatory Commission Rolls Out Long-Awaited Guidance On Drug Testing, Discipline, & Cannabis In The Workplace
Employers, note that the Guidance from the New Jersey Cannabis Regulatory Commission (the Commission) is only a temporary gap-fill. The Commission has yet to issue standards on the required certification process for those workplace experts who will be designated to detect an employee’s on-the-job impairment from cannabis (among other substances). Here’s what New Jersey employers need to know now.
You Snooze You Lose: NJ Appellate Division Affirms Dismissal of Sleep Apnea Disability Bias Class Action
On August 15, 2022, the New Jersey Appellate Division declined to reinstate a disability bias class action brought by a New Jersey Transit train operator who was required undergo a sleep apnea screening due to the results of his physical examination as required by NJ Transit’s policy stemming from safety concerns as a result of a 2016 train accident.
Is Age Just A Number?
On August 15, 2022, in Cronin v. Booz Allen Hamilton Inc., et al., the Third Circuit Court of Appeals upheld the District of New Jersey’s grant of summary judgement to Booz Allen on Cronin’s age discrimination claims, finding that Cronin was unable to show that Booz Allen’s non-discriminatory reasons for not hiring her were “so plainly wrong that it cannot have been [Booz Allen]’s real reason.” Absent such a showing, the Third Circuit would not overturn the decision of the District Court.
Angelo Genova Named Once Again to the Lawdragon 500 Leading Corporate Employment Lawyers Guide
Firm Co-Founding Partner Angelo J. Genova, Esq. has been named once again to Lawdragon's 500 Leading Corporate Employment Lawyers annual Guide.
Harris Freier To Present on Restrictive Covenants for New Jersey Civil Justice Institute
Genova Burns Partner Harris S. Freier, Esq. will present a free CLE on restrictive covenants in New Jersey for the New Jersey Civil Justice Institute on Friday, August 12th.
An Ounce of Prevention is Worth a Pound of Cure: Employer Escapes Liability in FFCRA COVID Litigation
America may be moving forward from the COVID-19 pandemic, but employers continue to deal with its aftermath as they face lawsuits alleging violations under the Families First Coronavirus Response Act (FFCRA).