09.13.2024Retailers Face New Compliance Requirements: Violence Prevention and Panic Buttons Under New York LawOn September 5, 2024, New York Governor Kathy Hochul signed into law the Retail Worker Safety Act (“Act” and “Legislation”), which in 6 months, will impose a series of new obligations on retail businesses operating in the State. Following California, which in July 2024 enacted legislation requiring retail employers to maintain a Workplace Violence Prevention Plan, New York’s new law is in response to the verbal harassments, threats of violence and physical violence to which retail workers are routinely exposed, according to the Act’s legislative history.
09.12.2024Genova Burns Announces New Milestone for Bruce Wolff, ERISA Specialist, and Gina Maturi, Newly Admitted AttorneyGenova Burns LLC proudly celebrates two significant accomplishments within its ranks. Bruce L. Wolff, Esq., Of Counsel, continues his remarkable tenure at the firm as a preeminent authority in Employee Retirement Income Security Act (ERISA) law, while Gina M. Maturi, Esq., achieves a professional milestone, recently passing the bar exam after a distinguished multi-year career at Genova Burns as a paralegal.
07.17.2024Brigette Eagan To Present On NJBIZ Artificial Intelligence Panel Genova Burns Partner Brigette N. Eagan, Esq. will be participating on a NJBIZ Artificial Intelligence panel which will take place virtually on July 23rd from 1 - 2:30 pm. This panel discussion promises to be an enlightening conversation on leveraging AI to drive business success. Don't miss this opportunity to gain valuable insights from industry leaders on how AI can transform your business.
07.09.2024Chevron’s Passing Likely to Reshape Labor and Employment Law as SCOTUS Questions Presumption of Agency Subject Matter ExpertiseOn June 28, 2024 the Supreme Court overruled the 40-year-old landmark ruling known as Chevron, a doctrine of administrative law that has until now required courts to defer to federal agencies’ interpretations of ambiguous statutory language. By doing so, the Court has created opportunities for court challenges to agency regulations including those issued by federal labor law and equal employment law agencies.
06.25.2024SCOTUS Requires NLRB to Meet Traditional Standards for Preliminary Injunctive Relief On June 13 the U.S. Supreme Court heightened the standard a court must apply to an NLRB request for a preliminary injunction against an employer accused of violating federal labor law. In resolving a circuit split in which courts applied different tests in determining when to grant preliminary injunctive relief, the Court held that district courts should apply the traditional, four-pronged test in determining whether to grant a preliminary injunction under Section 10(j) of the National Labor Relations Act (Act). Starbucks Corp. v. McKinney.
06.18.2024Angelo Genova And Daniel Stolz Named To Lawdragon 500 ListingGenova Burns would like to congratulate Co-Founding Partner Angelo J. Genova, Esq. for his recent naming, once again, to Lawdragon's 500 Leading Corporate Employment Lawyers annual Guide and Partner Daniel M. Stolz. Esq., who has also been named to Lawdragon's 500 Leading Global Bankruptcy & Restructuring Lawyers annual Guide.
05.22.2024Prime Healthcare Atty Jumps Back To Genova Burns As PartnerA former Genova Burns LLC associate has rejoined the firm in New Jersey as a labor and employment partner this week after an in-house stint as associate general counsel for 50,000-employees.
05.13.2024FTC’s Final Rule on Non-Competes May Not be the Final WordIn a controversial move, on April 24, 2024 the Federal Trade Commission (“FTC”) announced that beginning September 4, 2024, it will enforce its Final Rule banning most non-compete agreements that seek to limit a worker’s ability to change jobs. The Rule also requires employers to notify those workers who have non-compete agreements that are nullified by the Rule that these agreements are no longer enforceable once the Rule takes effect; written notices must be sent no later than September 4, 2024. The exceptions to the FTC Rule are few, and extend to non-compete agreements (i) entered into with a business’s senior executives before September 4, 2024, (ii) entered into between a buyer and a seller as part of a bona fide sale of a business, or (iii) that are part of a franchisee-franchisor relationship.
03.05.2024With Great Caution and Deference New Jersey Courts Leave Decisions Resulting From Internal Grievance Proceedings of Universities UndisturbedOn February 16, 2024, in a published decision in Chee Ng, PH.D., v. Fairleigh Dickinson University, the New Jersey Appellate Division granted summary judgment in favor of the University against a former tenured professor who disagreed with the findings of his termination hearing. The court left the University’s decision to terminate the professor undisturbed because it is well settled that Universities have the freedom to decide who to hire, promote, or retain. A University’s – whether public or private – grievance process is entitled to deference.
02.28.2024Twist & Shout: Supervisor’s Termination for Shouting Match With Subordinate Upheld Despite Alleged Whistleblowing ActivityOn February 16, 2024, the New Jersey Appellate Division in Ugarte v. Barnabas Health Med. Group, upheld the dismissal of a whistleblowing claim filed by a former supervisor. The Court affirmed the trial court’s decision dismissing the employee’s claim under the Conscientious Employee Protection Act (CEPA), finding that she was properly terminated for mistreating her subordinate. Ultimately, the supervisor could not establish a retaliation claim because there was no causal link between her termination and reporting HIPAA concerns.
02.26.2024Angelo Genova, Esq. Named To 2024 NJBIZ Power 100 "A renowned trial lawyer, Genova appears regularly in front of courts of all types at state, regional and federal levels," cites NJBIZ. The 2024 NJBIZ Power 100 list recognizes the most important leaders in New Jersey's business community.
02.05.2024Consistent Documentation Of Poor Performance Defeats Employee's Age Discrimination Claim On January 9, 2024, in Krassowski v. Bloomberg L.P., the New Jersey Appellate Division unanimously affirmed a trial court’s grant of summary judgment in favor of an employer that had well-documented proof of an employee’s continued failure to meet the expected level of performance for his role. The court found that the employee’s age discrimination suit faltered as he failed to demonstrate age played a role in his termination.
11.15.2023Ending Forced Arbitration of Sexual Harassment, Not DiscriminationArbitration agreements are a powerful tool used by many employers to compel the utilization of arbitration as a means of alternative dispute resolution. Arbitration allows the parties to a claim to resolve the dispute privately, without involvement of a court of law. The Federal Arbitration Act (FAA) strongly favors arbitration and allows courts to stay the proceedings of any claims subject to valid and enforceable arbitration agreement and to compel the parties to binding arbitration.
11.13.2023Genova Burns LLC Named a 2024 "Best Law Firm" by U.S. News & World Report & Best LawyersGenova Burns LLC has been named a 2024 “Best Law Firm” by U.S. News & World Report and Best Lawyers.
The Firm was recognized among 2024 Tier One Metropolitan New Jersey law firms in five Practice Areas: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Commercial Litigation, Employment Law - Management, Labor Law - Management, and Litigation - Labor & Employment. The Firm was also recognized among 2024 Tier Two New Jersey firm Real Estate Law.
08.31.2023Risk of Cemex Bargaining Order Raises Stakes for Employers that Commit Serious Unfair Labor Practices During Union CampaignsExpressing palpable frustration with an employer that committed many unfair labor practice charges after a union filed an election petition, and acknowledging the lack of serious disincentives to engage in unlawful behavior opposing a union campaign, on August 25, 2023, the NLRB issued a new set of rules that will apply immediately to many employers and unions locked in a unionizing campaign. The major change is that the Board has determined that it has the power to impose a bargaining order on an employer that engages in serious unfair labor practice charges during an organizing campaign despite the union’s losing a Board-supervised election and without entertaining the remedy of a re-run election.
08.29.2023The ABC’S Of The EEOC’S Proposed Regulations On Pregnancy: Accommodations In The WorkplaceEffective July 27, 2023, the Pregnant Workers Fairness Act (PWFA) requires employers with 15 or more employees, to accommodate pregnancy and pregnancy-related complications in the workplace. The Equal Employment Opportunity Commission (EEOC), which is the federal agency charged with enforcing the PWFA, recently issued proposed regulations clarifying employer obligations and employee rights under the PWFA. The PWFA requires employers to provide qualified employees and applicants with known limitations relating to pregnancy, childbirth or related mediation conditions with reasonable workplace accommodations, unless the accommodation causes an undue hardship. The key terms, underlined for clarity, are explained herein.
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