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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).
ABC Is Not As Easy as 1-2-3: NJ Supreme Court Issues Independent Business Misclassification Decision
On August 2, 2022, the New Jersey Supreme Court in East Bay Drywall, LLC. v. Department of Labor and Workforce Development, issued a unanimous opinion holding that workers, hired on a need and availability basis, who used their own equipment and provided certificates of insurance and business entity registration information, were employees of a drywall installation business and not independent contractors as the company claimed. The Court also held that whether or not the workers could “join the ranks of the unemployed” when the relationship with the company ends directly impacts independent contractor status in New Jersey.
Genova Burns Sees Six Attorneys Named To "Essex County's Top Lawyers" 2022 Listing By Morris | Essex Health & Life Magazine
Genova Burns is pleased to announce that six of some of the firm's best and brightest have been named to the "Essex County's Top Lawyers" listing for 2022 by Morris | Essex Health & Life Magazine.
A Real “Who Dunnit?”: Dispute Over Unsigned Arbitration Agreement Means Judges Must Wear Detective’s Cap
On July 18, 2022, the New Jersey Appellate Division provided a perfect reminder why all employers and HR professionals should diligently confirm that new hires complete all on-boarding paperwork. In Bhoj v. OTG Management, LLC, the Appellate Division reversed a trial court’s order compelling arbitration, finding that the terminated employee’s failure to sign or acknowledge receipt of an arbitration agreement presented a factual mystery that required a more in-depth investigation by the judge before she could enforce an unsigned arbitration agreement.
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.
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.
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.
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"
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.