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.
01.09.2025Genova Burns Promotes Two To Partner And Two To CounselIn another example of promoting talent from within, Genova Burns has elevated Ed Bonett, Jr. and Jared Monaco to partner, and Brian MacNiven and Emily Montagna to counsel.
01.07.2025From Backcourt To The Gridiron, Universities Oppose The NLRB’s Enforcement Position Regarding Their Athletes On New Year’s Eve, the union attempting to organize Dartmouth College’s men’s basketball team dropped its NLRB case after winning a groundbreaking decision in February 2024 from a NLRB Regional Director who decided that the players were employees of the College, eligible to unionize, and ordered a secret-ballot election which the union won. However, Dartmouth appealed the Regional Director’s decision, including the decision to hold an election, to the Biden-appointed Board members of the NLRB, and the appeal was pending when the union dropped its case.
12.18.2024UPDATE - New Jersey Employers Need To Start Preparing For The New Pay Transparency Law's June 1, 2025 Effective DateOn November 18, 2024, New Jersey Governor Phil Murphy signed into law, Senate Bill 2310, making it the eleventh state to enact a pay transparency law. On June 1, 2025, when the new law goes into effect, certain New Jersey employers will be required to disclose their hourly wage or annual salary pay ranges and general benefit information for each job posting/advertisement. The new law will also require employers to make “reasonable efforts” to advise current employees of promotional opportunities within their organization.
11.20.2024Not So Fast - Texas Court Derails DOL Rule Expanding Eligibility for Overtime PayOn November 15, a U.S. District Court in Texas put the brakes on the Department of Labor’s April 2024 Rule designed to make more employees eligible for overtime pay under the Fair Labor Standards Act. State of Texas v. United States Department of Labor; Plano Chamber of Commerce v. United States Department of Labor.
10.30.20242024 Election: How Labor Law Could Shift Under Trump or Harris LeadershipThe Presidential Election is upon us with many indicators predicting a close election. The two candidates and their respective party platforms offer opposing views on many major issues. While some issues play more prominently in the press than others, issues related to Labor Law feature two vastly divergent approaches. Since President Trump already has a track record on federal labor policy and Vice President Harris signals support for President Biden’s labor policy, here are three areas in Labor Law that will be sensitive to who takes the oath of office on January 20, 2025.
10.24.2024FTC Rule On Non-Competes Is Bruised But Not Yet Beaten As FTC Appeals, While NLRB Continues To Challenge Non-CompetesIn April 2024, the FTC issued a Rule declaring invalid most existing non-compete agreements and prohibiting most employers from entering into new non-compete agreements after September 3, 2024, with few exceptions. Three lawsuits were filed challenging the FTC Rule - - two in Texas and one in Philadelphia. The Philadelphia lawsuit resulted in the court’s denying a motion to stay enforcement of the Rule on July 23, 2024. Judge Hodge then set a deadline of September 20, 2024 for the plaintiff, ATS Tree Service, to file a motion for summary judgment, a deadline that was extended twice. On October 4, ATS withdrew its Complaint, thereby ending this challenge and any right to appeal.
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