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General Search Results:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.