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General Search Results:
Doubling Down on the FAA: NJ District Court Strikes Down the NJLAD’s Prohibition Against Arbitration
Earlier this year, in a matter of first impression, the Monmouth County Law Division in Janco v. Bay Ridge Automotive Management Corp. held that the amendment to the New Jersey Law Against Discrimination (NJLAD) which prohibits a waiver of any right or remedy available under the NJLAD was superseded by the Federal Arbitration Act (FAA). In its decision on March 25, 2021 in New Jersey Civil Justice Institute v. Grewal, the United States District Court followed suit and enjoined the State AG from enforcing Section 12.7 of the NJLAD that would invalidate arbitration agreements between employers and employees. This decision represents a significant victory for employers on the enforceability of arbitration agreements in harassment, discrimination and retaliation cases in New Jersey.
Cause & Effect: NJ Appellate Division Rules Correlation Does Not Imply Causation in Disability Discrimination Suit
On March 4, 2021, the New Jersey Appellate Division in Kalim v. Urban Outfitters, Inc. affirmed the trial court’s dismissal of a former employee’s wrongful termination, hostile work environment, and retaliation claims under the New Jersey Law Against Discrimination (NJLAD).
Let’s Go to the Video Tape: NJ Appellate Division Rules Video Dooms Nurse’s Age Discrimination Case
On March 3, 2021, the New Jersey Appellate Division upheld the dismissal of a 49-year old Nurse’s age discrimination case against St. Peter’s University Hospital. The Nurse, who was fired after using force to restrain a hospital patient, claimed the incident with the patient was merely a pretext for age discrimination, even though the surveillance video demonstrated otherwise.
FAA Trumps NJLAD: NJ Superior Court Upholds Employer’s Arbitration Agreement in NJLAD Case
In a matter of first impression, the Monmouth County Law Division in Janco v. Bay Ridge Automotive Management Corp., found that a former employee’s claims brought under the New Jersey Law Against Discrimination were subject to the arbitration agreement that she signed when she was first hired. The Court further held that the recent amendment to the Law Against Discrimination (NJLAD) which prohibits a waiver of any right or remedy available under the NJLAD was superseded by the Federal Arbitration Act.
Dina Mastellone, Jennifer Roselle, Brigette Eagan and Daniel Pierre Present Part II of an Employment Update 2021 Seminar for the New Jersey Coalition of Automotive Retailers
Firm Partner Dina M. Mastellone, Esq., Counsel Jennifer Roselle, Esq. and Brigette N. Eagan, Esq., and Associate Daniel Pierre, Esq. will present Part II of an Employment Update 2021 seminar for the New Jersey Coalition of Automotive Retailers on March 2nd.
Jennifer Roselle Discusses What Legalization Could Mean for Both Employers and Employees in the Workplace in NJ.Com Article
Jennifer Roselle, Esq., Counsel in the firm's Cannabis Law and Labor Law Practice Groups, was interviewed for a recent NJ.com article that asked the question "Can I be fired if I test positive for marijuana, even though weed was just legalized? What you need to know."
Dina Mastellone, Douglas Solomon and Brigette Eagan Present Part I of an Employment Update 2021 Seminar for the New Jersey Coalition of Automotive Retailers
Firm Partners Dina M. Mastellone, Esq., Douglas E. Solomon, Esq. and Counsel Brigette N. Eagan, Esq. will present Part I of an Employment Update 2021 seminar for the New Jersey Coalition of Automotive Retailers on February 8th.
Brigette Eagan Offers Legal Insight for ROI-NJ Article "Shot in the Dark: Can Employers Mandate COVID Vaccines? And Should They?"
Brigette N. Eagan, Esq., Counsel in the firm's Employment Law & Litigation Practice, was recently interviewed by ROI-NJ for their article entitled, "Shot in the Dark: Can Employers Mandate COVID Vaccines? And Should They?"
Angelo Genova Gives Insight on How the New Biden Administration Can Impact Business in the Legal Industry as Found in ROI-NJ
Firm Chairman & Managing Partner Angelo J. Genova, Esq. offered his insight on what the new Biden administration may mean for the legal industry in a recent interview by ROI-NJ for their article, “New Administration Means New Agendas — and New Business for Law Firms.”
2020: The Year of the Mole? New Jersey Appellate Division Grants Employee A Second Chance to Pursue Whistleblower Claim
In the final throws of 2020, a former Rutgers employee was granted a second chance to pursue her whistleblower claim. On December 29, 2020, the Superior Court of New Jersey, Appellate Division, in Debra Herbe v. Rutgers University, reversed a Superior Court’s grant of summary judgment for Rutgers University in a lawsuit brought by a former employee who alleged that the University fired her in retaliation for lodging a complaint against her supervisor. In the new year, the former employee will get another chance to pursue her claim against the University.
Dina Mastellone to Moderate New Jersey Women Lawyers Association "Employment Outlook 2021" Webinar
Dina M. Mastellone, Esq., firm Partner and Human Resources Counseling & Compliance Practice Chair, will moderate an upcoming New Jersey Women Lawyers Association webinar entitled "Employment Outlook 2021" on February 1st.
Brigette Eagan and John Vreeland Offer Insight for Employers in HR Daily Advisor Article "Continuing Pandemic Blurring the Line Between Furloughs and Layoffs"
Partner John R. Vreeland and Counsel Brigette N. Eagan discuss legal obligations facing employers as they relate to temporary furloughs and permanent layoffs in recent HR Daily Advisor article entitled, "Continuing Pandemic Blurring the Line Between Furloughs, Layoffs."
A Forklift Operator Walks into a Bar
On August 7, 2020, the New Jersey Appellate Division upheld the trial court’s dismissal of a negligence action filed by a leased warehouse worker against his employer for injuries sustained while on duty.
Requiring the COVID-19 Vaccination at Work: Issues for NJ Employers to Consider When Developing a COVID-19 Vaccination Program
We have seen recent articles speculating on whether employers can require their employees to take an FDA-approved COVID-19 vaccination as a condition of employment or continued employment. Here, without giving any legal advice, for private (non-governmental) New Jersey employers, odds are that this type of employment rule will be permissible, with certain limitations, discussed herein.
Genova Burns LLC Named a 2021 "Best Law Firm" by U.S. News & World Report & Best Lawyers
Genova Burns LLC has been named a 2021 “Best Law Firm” by U.S. News & World Report and Best Lawyers.
Jennifer Roselle and Daniel Pierre Comment on What Legal Use Cannabis Can Mean for New Jersey Employers in HR Daily Advisor
Firm Cannabis Practice Group members Jennifer Roselle, Esq., Counsel and Daniel Pierre, Esq., Associate, discuss the potential effects that legal recreational use of cannabis can mean for New Jersey employers in a recent HR Daily Advisor article entitled “Employers in More States See Changing Marijuana Laws.”
Harris Freier Insight on COVID-19 Lawsuits in the Workplace Featured in New Jersey Law Journal
Partner Harris S. Freier was recently interviewed by New Jersey Law Journal for their article “People Are Now Suing Their Bosses Over COVID-19 at Work, But Can They Win in Court?”
Dina Mastellone to Present NJSBA Webcast "Current Workplace Investigations Trends 2020 - COVID, Protests, Social Media and More"
Partner Dina M. Mastellone will participate in a webcast for the New Jersey State Bar Association entitled "Current Workplace Investigations Trends 2020 - COVID, Protests, Social Media and More" on September 22nd.