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General Search Results:

• 12.01.2021

  Angelo Genova Recognized Again as One of Lawdragon's Leading Corporate Employment Lawyers of America
  Firm Chairman & Managing Partner Angelo J. Genova, Esq. has been named once again to Lawdragon's Most Powerful Corporate Employment Lawyers annual listing. This listing process has been created "over 30 years of researching and reporting on the legal profession and creating lists and guides to the most effective legal professionals." 

• 11.19.2021

  New York’s New Electronic Monitoring Law Mandates New Disclosure Requirements for Employers
  It’s a new dawn of electronic monitoring in New York, as employers will soon be required to disclose the extent of their electronic monitoring of employees in the workplace. On November 8, 2021, New York Governor Kathy Hochul signed a new law amending New York State’s Civil Rights Law requiring all private employers that conduct business in the State of New York, regardless of size, to provide notice to employees of electronic monitoring of telephone, email, and internet access and usage.

• 11.18.2021

  Jennifer Roselle to Present "Personnel Policies – Diversity, Equity, & Inclusion Policy" at the New Jersey State League of Municipalities Annual Conference
  Firm Partner Jennifer Roselle, Esq. will present a program entitled, "Personnel Policies – Diversity, Equity, & Inclusion Policy" at this year's New Jersey State League of Municipalities Annual Conference on Thursday, November 18th. 

• 11.10.2021

  Federal Government Issues Regulations Regarding Vaccine Mandates for Private Employers
  Recently, we published a blog post describing the numerous state and federal vaccine mandates that have been announced. We noted that we were awaiting Emergency Temporary Standards from the Occupational Safety and Health Administration (“OSHA”) and revised regulations from the Centers for Medicare & Medicaid Services (“CMS”) regarding further vaccine mandates. OSHA and CMS released these regulations on November 4, 2021. Given the broad reach of these new requirements, employers must quickly assess the impact of the requirements on their workforces and, if necessary, implement policy changes.

• 11.05.2021

  Katherine Stuart and Daniel Pierre to Present at Rutgers Business School's Annual Human Resources Legal Workshop
  Associates Katherine E. Stuart, Esq. and Daniel Pierre, Esq. will present at Rutgers Business School's Annual Human Resources Legal Workshop on Friday, November 5th.

• 11.03.2021

  Employers Beware: New York State Expands Whistleblower Protections Increasing Employer Liability
  On October 28, 2021, New York Governor Kathy Hochul signed legislation amending the New York Labor Law (“Labor Law”) to substantially enhance the whistleblower protections afforded to private-sector workers who report alleged wrongdoing by their employers significantly increasing potential liability for New York employers. The legislation becomes effective 90 days after its signing, was amended to include a two-year statute of limitations, and significantly broadens the scope of covered individuals and protected activities.

• 09.10.2021

  Dina Mastellone to Present "Workplace Investigations: Understanding Micro-Aggressions, Implicit Bias, and the Impact of Long-Term Virtual Workplaces on Employees and Workplace Cultures" Webcast
  Partner Dina M. Mastellone, Esq. will participate in a webcast for the New Jersey State Bar Association entitled "Workplace Investigations: Understanding Micro-Aggressions, Implicit Bias, and the Impact of Long-Term Virtual Workplaces on Employees and Workplace Cultures" on September 30th. 

• 09.08.2021

  Stepping In Where Unions Have Failed, NYC Council Imposes Just Cause Standard On Non-Union Employers
  As our readers may be aware, in March 2021, New York City passed an ordinance requiring fast food employers to have just cause to discharge their employees, where discharge includes termination, constructive discharge, indefinite suspension, and reduction in hours by more than 15%. The ordinance has been effective as of July 5, 2021, and enforcement of these mandates began September 3, 2021.

• 07.06.2021

  NJ Supreme Court Issues A Grim Prognosis For Employers Facing Hostile Work Environment Claims
  After losing in both the trial and appellate courts, Armando Rios, Jr., an ex-Pharmaceutical Executive, managed to sway the minds of the Justices on the State’s highest court to revive his hostile work environment claim. Rios claimed his direct supervisor twice referred to Hispanics by a racial epithet thereby creating a hostile work environment. The lower courts held that two incidents are not severe or pervasive enough to constitute a hostile work environment and dismissed his case. A unanimous New Jersey Supreme Court, however, disagreed and reversed the lower court decisions.

• 07.01.2021

  Jennifer Roselle Named to Essex Top Lawyers 2021 Listing by Morris Essex Health & Life Magazine
  Genova Burns is pleased to announce that Jennifer Roselle, Esq., recently elevated to Partner at the firm, has been named an Essex Top Lawyer by Morris Essex Health & Life Magazine for 2021 in the area of labor and employment law.

• 06.24.2021

  NJ District Court Gives Employers Hope in the Fight Against FMLA Misuse
  On May 28, 2021, the U.S. District for New Jersey in VanHook v. Cooper Health Systems, granted Cooper’s summary judgment against its employee’s discrimination and retaliation claims under the Family and Medical Leave Act (FMLA), the Law Against Discrimination (NJLAD), and the Americans with Disabilities Act (ADA). The District Court agreed with the employer that the record confirms the employee’s abusive and dishonest actions and granted the employer’s motion of summary judgment.

• 06.08.2021

  Daniel Pierre to Present on Cannabis Law at the Second Annual Garden State Bar Association's Labor & Employment Symposium
  Firm Associate Daniel Pierre will participate as a speaker at the Garden State Bar Associations' 2nd Annual Labor & Employment Symposium on June 22nd. 

• 06.08.2021

  Jennifer Roselle to Present on Public Sector Negotiations at "Hot Tips for Labor and Employment Law" ICLE Webcast
  Jennifer Roselle, Counsel in the firm's Labor Law practice, will participate as a speaker at the upcoming ICLE's 2nd Annual "Hot Tips in Labor and Employment Law" webcast. Ms. Roselle will focus her presentation on public sector negotiations. 

• 05.26.2021

  Sign on the Dotted Line: Enforceability of Arbitration Agreements Against Predecessor Company
  On April 30, 2021, in Hampton v. ADT, LLC, et al., the New Jersey Appellate Division vacated a September 2020 trial court order dismissing a former employee’s lawsuit and compelling him to arbitrate his Conscientious Employee Protection Act (CEPA) claims against his former employer’s predecessor. In so doing, the Appellate Division held that the trial court must first determine whether the subject Arbitration Agreement was binding on the former Vice President, and if so, whether his former employer was, in fact, the assignee of the agreement.

• 05.24.2021

  NJ Appellate Narrows the Road in Auto Dealership’s Sexual Harassment Case
  On May 18, 2021, in McBride v. Atlantic Chrysler Jeep, the New Jersey Appellate Division revived a Sales Consultant’s hostile work environment case against a car dealership after the Law Division previously dismissed it in the dealership’s favor. The employee claimed that she was terminated for rejecting her supervisor’s sexual advances and alleged the dealership was vicariously liable for the supervisor’s conduct. The trial court granted the dealership’s motion for summary judgment. On appeal, the Appellate Division overturned the trial court’s decision and sent the case back to the Law Division to proceed to trial.

• 05.20.2021

  Genova Burns LLC Recognized as Among the World's Best in Labor & Employment Law by Chambers USA Ranking
  Chairman & Managing Partner Angelo J. Genova and Partner John C. Petrella have both been recognized again by Chambers USA as some of the best in the world in the field of Labor and Employment Law.

• 05.20.2021

  The Devil is in the Details: NJ District Court Demands Details of Sexual Harassment to Defeat Motion to Dismiss
  On April 12, 2021, the New Jersey District Court for the District of New Jersey in Spence v. New Jersey, et al., granted in part and denied in part a motion to dismiss an employee’s sexual harassment and retaliation claims under Title VII of the Civil Rights Act of 1964 (Title VII) and the New Jersey Law Against Discrimination (NJLAD). The employee claimed she was sexually harassed by her co-worker and that her supervisors took retaliatory action against her for reporting the alleged sexual harassment. The District Court found that the employee failed to sufficiently plead her sexual harassment claim for lack of pervasive harassment, and in part failed to sufficiently plead her retaliation claim for lack of temporal proximity.

• 04.12.2021

  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.

• 03.29.2021

  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).

• 03.19.2021

  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.

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