02.09.2026Second Court Issues 10(j) Injunction Applying the Stricter Starbucks Standard SCOTUS’s recent adoption of a stricter standard for issuing unfair labor practice injunctions did not prevent Region Four of the NLRB from securing an injunction against a residential treatment facility’s subcontracting the work performed by its unionized nurses. U.S. District Court Judge Harvey Bartle III of the Eastern District of Pennsylvania granted the Board an injunction, and ordered New Vitae to immediately reverse its subcontracting, restore the nurses to their jobs, and bargain with the union. Kimberly Andrews v. New Vitae, No. 25-4515 (E.D. Pa Jan. 27, 2026).
01.20.2026New Jersey Small Employers – Get Ready To Provide Your Employees With 12 Weeks Of Job Protected Leave!On January 17, 2026 Governor Murphy signed into law amendments to the New Jersey Family Leave Act (NJFLA). The NJFLA allows eligible employees to take 12 weeks of job protected leave per year to bond with a newborn baby or to care for a family member with a serious health condition. The amendments lower eligibility requirements making most employees eligible for leave.
01.08.2026Higher Bar, Same Risk: Second Circuit Orders Successor Employer to Hire Predecessor’s Union WorkforceApplying the Supreme Court’s new nationwide labor injunction standard, the Second Circuit Court of Appeals reversed a District Court and ordered a New York company to hire unionized parking valets that it declined to hire when it assumed a parking services contract from a former vendor. Poor v. Parking Systems Plus, Inc., case number 24-3324. In doing so, the Court sided with the National Labor Relations Board, which sought the injunction while an administrative trial process was ongoing. The Court also required the company to immediately bargain with the union that represented the valets. The case is significant in that the court granted the injunction notwithstanding that the Supreme Court set the bar higher for injunctions than the Second Circuit’s former standard.
11.05.2025Circuit Courts Split Over NLRB Remedy AuthorityThe scope of NLRB remedies for unfair labor practice violations has been disputed since December 2022, when the Board in a novel case called Thryv, Inc., expanded the definition of equitable remedy to include direct or foreseeable expenses related to job loss. The Board suggested that items such as medical expenses and credit card debt an employee incurs after unlawful job loss might be included in a financial award. Since then, the decision has spurred constitutional challenges to the Board’s enforcement authority – to what extent remedies may be ordered by an agency and not a court -- as well as direct appeals by the impacted parties. Now, the circuit courts are split on how far the Board’s remedial authority may extend.
09.29.2025Genova Burns Welcomes Three New Associates: Kevin Stawicki, R. Edward Stone, and Michael ThurmGenova Burns LLC is pleased to announce the addition of Kevin Stawicki, R. Edward Stone, and Michael Thurm, recent law school graduates, joining the firm as Associates, pending bar admission. Each brings exceptional academic achievements, diverse professional experience, and a commitment to excellence that will strengthen the firm’s multidisciplinary practice.
09.04.2025Fifth Circuit Panel Finds Unconstitutional Removal Protections Favoring NLRB Members And ALJs On August 19, 2025, a three-judge panel of the Fifth Circuit Court of Appeals ruled in a long-anticipated opinion that the NLRA’s protections for Board Members and Administrative Law Judges from presidential removal are unconstitutional. Consequently, the NLRB is now preliminarily blocked from prosecuting unfair labor practice charges against three petitioning employers. This decision is an earth shaker in labor law circles and creates another obstacle for an agency already hampered by the lack of a Board member quorum to make decisions.
07.18.2025July 2025 Labor and Employment Law UpdateAlthough developments at the federal level are getting most of the headlines, New Jersey employers should continue to monitor legislative developments coming out of Trenton since most federal law changes are not usurping or preempting state legislation.
07.11.2025NJ Supreme Court Tightens Proof Requirements of Arbitration AgreementIn its recent decision in Gerald Fazio Jr. v. Altice USA, the New Jersey Supreme Court continued its trend of enforcing strict contract formation requirements in consumer contract cases, serving as a counterbalance to the liberal enforcement of arbitration clauses required under federal law. The plaintiff, Gerald Fazio Jr., is a quadriplegic man who had difficulty breathing, rendering him unable to wear a mask. He sued Altice for disability discrimination after Altice would not allow him into a store for not wearing a mask during the COVID-19 pandemic.
06.23.2025Fourth Circuit Issues Guidance On Employer Speech During Organizing CampaignsA recent Fourth Circuit Court of Appeals three-judge panel enforced part and declined to enforce another part of an NLRB ruling that an employer violated the National Labor Relations Act by telling employees that the union’s claim that it would have a say on pay increases was untrue and blaming the union for the lack of pay raises. The court’s analysis provides important guidance for employers on permissible speech during a union organizing campaign. In brief, the court strongly reaffirmed the free speech rights of employers to oppose unionization so long as the speech is not objectively coercive of Section 7 rights. Garten Trucking v. NLRB (June 2, 2025).
06.04.2025Genova Burns Announces Attorney Scott Carbone Joins Firm As CounselROI-NJ covers recent announcement that Scott W. Carbone, Esq. has joined Genova Burns LLC as Counsel. With more than two decades of experience navigating complex labor and employment matters, Carbone adds deep bench strength to the firm’s Labor Law and Employment Law & Litigation Practice Groups.
06.04.2025Scott Carbone Joins Genova Burns As CounselGenova Burns LLC is pleased to announce that Scott W. Carbone, Esq. has joined the firm as Counsel. With more than two decades of experience navigating complex labor and employment matters, Mr. Carbone adds deep bench strength to the firm’s Labor Law and Employment Law & Litigation Practice Groups.
05.22.2025Independent Contractor Relationships Under Renewed Scrutiny by NJDOL On May 5, 2025, the New Jersey Department of Labor and Workforce Development opened a 60-day comment period on a proposed regulation that would make it harder for independent contractors to contract their services as non-employees in New Jersey since the proposed regulation, if implemented, would classify more workers as employees of their service recipient. Classification as an employee rather than independent contractor would mean a host of state laws will apply to both the worker and the business for wage-hour laws, unemployment compensation, insurance benefits, tax purposes, workers’ compensation, and exposure to union organizing. This effort comes as the federal government is moving in the opposite direction – to allow more independent contractor arrangements.
05.08.2025Patrick McGovern To Participate On NJBIZ "Employment Law & Immigration" PanelGenova Burns Partner, Employment Law & Litigation specialist and Immigration Law practice Chair, Patrick W. McGovern, Esq., will participate as a panelist at an upcoming NJBIZ virtual event entitled, "Employment Law & Immigration" on May 29th.
05.06.2025Ed Bonett Quoted in Law360 Employment Authority "New Pope's Name Signals Focus On Work Issues"Firm Partner Edward J. Bonett Jr., Esq. was recently interviewed by Law360 for an article featured in their Employment Authority section entitled, "New Pope's Name Signals Focus On Work Issues". Mr. Bonett offered commentary on the significance of newly elected Pope Leo XIV’s focus on workers’ rights in the age of artificial intelligence.
03.31.2025Genova Burns Partners Matthew Baker and Edward Bonett, Jr. Appointed to Law360’s 2025 Editorial BoardsGenova Burns LLC is pleased to announce that Partners Edward J. Bonett, Jr., Esq. and Matthew I.W. Baker, Esq. have been selected to serve on Law360’s 2025 Editorial Advisory Boards. This prestigious appointment recognizes their expertise and commitment to shaping legal discourse in their respective practice areas.
03.28.2025“Unlawful DEI” Explained (Or Not) By New EEOC GuidanceOn January 20, 2025, the Trump Administration executed Executive Order 14173, entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The Order instructed the federal government to combat “illegal private-sector DEI [Diversity, Equity, and Inclusion] mandates, programs, and activities.” The Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws which make discrimination and harassment based on race, religion, national origin, age, disability, and sex unlawful, which are referred to as protected categories. In furtherance of the Executive Order, on March 19, 2024, the EEOC issued guidance to explain and identify unlawful DEI.
02.21.2025Acting NLRB General Counsel Scraps Predecessor's Memos, Signals a New DirectionOn Valentine’s Day, the Acting NLRB General Counsel, William B. Cowen, delivered a greeting card of sorts to his staff and the public signaling a new direction for the agency. Commenting that “the backlog of cases at the agency is no longer sustainable,” Cowen rescinded 31 memos by his predecessor Jennifer Abruzzo, some totally and others pending further guidance. Implicitly criticizing Abruzzo’s expansive view of federal labor Law, Cowen stated, “[I]f we attempt to accomplish everything, we risk accomplishing nothing.”
02.03.2025Michael Freeman Joins Genova Burns LLC As PartnerGenova Burns LLC proudly announces that Michael H. Freeman, a seasoned attorney with over three decades of legal experience, has joined the Firm as Partner. Mr. Freeman is a distinguished litigator and a key contributor to the firm’s Commercial Litigation, Employment, and White Collar Criminal Defense Departments.
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