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All Bark, Even Bigger Bite: New Jersey's New Worker Misclassification Protections
On January 20, 2020, Governor Murphy signed into law a series of legislative packages aimed at combating worker misclassification and exploitation. These bills will bolster an already-aggressive state department of labor that has the independent contractor model squarely in its sights.
Federal Court in Manhattan Vacates Key Part of USDOL’S Final Rule on Joint Employer Status
On September 8, 2020 U.S. District Court Judge Gregory H. Woods in Manhattan granted partial summary judgment to 17 states and the District of Columbia striking down a major part of the Department of Labor’s Final Rule on vertical joint employer relationships.
The End of the Beginning, or the Beginning of the End?
On August 10, 2020, a California judge ordered Uber Technologies, Inc. and Lyft Inc., to reclassify their drivers from independent contractors to employees by August 20, 2020.
Rajiv Parikh Named to ROI NJ Influencers: People of Color 2020 Listing
Firm Partner Rajiv Parikh has been named for the third consecutive year since the inception of ROI NJ's Influencers: People of Color (Difference Makers) listing.
Mohamed Barry Accepted into 2020 Class of Leadership Newark’s Public Policy Fellows
Genova Burns LLC is pleased to announce that Associate Mohamed Barry has been accepted into this year’s class of Leadership Newark’s Public Policy Fellows. Every other year, Leadership Newark welcomes an incoming group of civic minded professionals into their Public Policy Fellowship aiming to build a stronger civic and business community.
Charles Messina Featured in NJ Cannabis Insider Article “How the DEA’s New Rules will Affect the Hemp Industry”
Charles J. Messina, Firm Partner and Co-Chair of the Cannabis Law Practice Group, discussed his thoughts on Delta-8-THC in a recent article published by NJ Cannabis Insider entitled, “How the DEA’s New Rules will Affect the Hemp Industry.”
NJ Supreme Court Enforces Arbitration Agreement Despite Failure to Specify Forum, Arbitrator, & Governing Law
On September 11, 2020, in a unanimous decision, the New Jersey Supreme Court found that New Jersey law does not require that an arbitration agreement identify the arbitrator, name the arbitral forum, describe the arbitrator selection process, or provide for the governing law, so long as the agreement to arbitrate includes a clear and unmistakable waiver of the right to a jury or other civil trial of the claims.
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.
Paycheck Protection Program: Allocability of Nonpayroll Costs to Your Business
The SBA, in consultation with the Treasury, released another set of interim final rules, dated August 27, 2020 regarding forgivable costs under the Paycheck Protection Program.
Federal Court Judge Block Blocks Temporarily HHS’s Enforcement of Revised ACA Anti-Sex Discrimination Rules, Restores ACA Protections for LGBTQ Individuals
On August 17, 2020 the U.S. District Court for the Eastern District of N.Y. preliminarily enjoined the U.S. Department of Health and Human Services (“HHS”) from enforcing provisions of its June 2020 final Section 1557 regulations (“2020 Rules”) which were slated to take effect the next day. The 2020 Rules, in part, interpret the Affordable Care Act’s prohibition of sex discrimination as excluding discrimination based on gender identity and sex stereotyping, which is contrary to the interpretation under the Obama-era rule.
New Jersey Election Law Enforcement Commission Plans Hearing on New Proposed Campaign-Finance Regulations
The Election Law Enforcement Commission, the New Jersey Government body charged with jurisdiction over the state’s campaign-finance laws, announced last week that it will hold a public hearing with opportunity for comment on October 20, 2020 to consider the implementation of new regulations.
Court Rules that Employees Cannot Disclose Your Trade Secrets, Even to Themselves
On August 10, 2020, the District Court for the District of New Jersey in Bramshill Investments, LLC v. Ashley Pullen, 2:19-cv-18288 (D.N.J. August 10, 2020) recently considered a motion to dismiss a complaint against an employee who allegedly misappropriated Bramshill’s trade secrets. The District Court denied defendant’s motion in part, holding that Bramshill sufficiently pled causes of action for violations of the Defense of Trade Secrets Act, the New Jersey Trade Secrets Act, breach of contract, and breach of the duty of loyalty.
The Best Lawyers in America® Names Genova Burns Attorneys to 2021 Listing
Genova Burns is pleased to announce that six of the firm's attorneys have been selected for inclusion in The Best Lawyers in America® 2021 (a trademark of Woodward/White, Inc.).
Property Casualty 360 Publishes Genova Burns Article Highlighting Risks of Insurance Marketing
Property Causalty 360 has published an article written by firm Partner and co-Founder James M. Burns, Esq. and Counsel Lauren W. Gershuny, Esq. entitled "Recent Cases Highlight the Risks of Insurance Marketing."
Crossing State Lines: Road Tripping with Amazon and Interstate Commerce
On July 28, 2020, Chief District Judge Freda L. Wolfson from the District of New Jersey denied Amazon’s Motion to Dismiss and Compel Arbitration in Harper v. Amazon. The parties were ordered to engage in discovery to determine whether plaintiff was engaged in interstate commerce to be exempt from arbitration under the Federal Arbitration Act (FAA).
Don’t Fear The Click-Box: NJ Supreme Court Upholds Electronic Employee Arbitration Agreements
On August 18, 2020, in a landmark decision for employers, the New Jersey Supreme Court released its long-awaited opinion in Skuse v. Pfizer (A-86-18) (082509), holding that an employee must arbitrate her employment discrimination claims agreed to in an electronic employee arbitration agreement. The decision reverses the Appellate Division’s January 2019 decision, which had imposed heightened requirements on employers obtaining employees’ assent to arbitration agreements.
Shop Smart, Shop Savvy, SHOP SAFE
To combat the growing trend of phony goods, a new bipartisan bill was presented to the U.S. House of Representatives earlier this year – titled “Stopping Harmful Offers on Platforms by Screening Against Fakes in E-Commerce” or the SHOP SAFE Act.
Jennifer Mazawey Pens Timely Article "Career Development in an Uncertain Time"
Firm Partner and CREW NJ Past President Jennifer Mazawey recently penned an article in the CREW Network publication entitled, "Career Development in an Uncertain Time."
Rajiv Parikh to Serve as Keynote Speaker at Meadowlands Chamber Leadership Awards
Firm Partner Rajiv D. Parikh will serve as Keynote Speaker for the upcoming Meadowlands Chamber Leadership Awards Breakfast which will honor the area’s most progressive and impactful leaders.
Rajiv Parkih to Discuss 2020 Presidential Election on Webinar Panel
Firm Partner Rajiv D. Parikh will participate on a webinar panel entitled "The Good, the Bad, the Future" with fellow New Jersey South Asian political leaders this Saturday, August 8th to discuss what the 2020 Presidential election means to the South Asian community.