03.01.2024H-1B Lottery Process Begins On March 6thOn Wednesday, March 6, 2024, USCIS will open its H-1B cap registration process for fiscal year 2025, informally known as the H-1B Lottery. Since 2020, USCIS has implemented an electronic registration system that requires the sponsoring employer to complete a few information forms and pay a registration fee. For the past three years, the registration fee was $10. For 2024, the registration fee increases to $215 for each visa beneficiary.
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.
02.05.2024Consistent 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.
01.24.2024USDOL Wage-Hour Division Final Rule on Independent Contractor Status Reverts to Pre-Trump Rule and Rejects “Core Factor” TestOn January 9, 2024 the U.S. Department of Labor (DOL) released a final rule that will apply beginning March 11, 2024 in determining whether a worker can be classified as an independent contractor as opposed to an employee under the Fair Labor Standards Act (FLSA). The 2024 Rule modifies Wage and Hour Division regulations by adopting an analysis that the agency claims is more consistent with judicial precedent and the FLSA’s text and purpose than the final rule issued by the agency during the final days of the Trump Administration (2021 Rule).
01.23.2024New Jersey Domestic Workers Gain Added Protections On January 12, 2024, Governor Phil Murphy signed the New Jersey Domestic Workers Bill of Rights Act (S-723/A-822), establishing a broad range of rights and employment protections for domestic workers. Domestic workers were previously excluded from the Law Against Discrimination and the New Jersey State Wage and Hour Law, leaving them without employee rights such as protections against harassment and discrimination, rest and meal breaks. The new law follows the precedent set by other states, including California, Connecticut, New York, and Massachusetts. Similar bills are pending in Philadelphia and Washington, D.C. The law will take effect in July 2024.
01.11.2024Political-Law Calendar for 2024With the new year comes an opportunity to review and re-set the political-law compliance for campaigns, PACs, lobbyists, businesses, and individuals. The following checklist provides a brief overview of upcoming dates on the political-law calendar for 2024.
01.02.2024Genova Burns Welcomes William Heller To Firm As Of CounselGenova Burns is pleased to announce that William J. Heller has joined the firm as “Of Counsel”, effective January 2, 2024. Formerly Senior Vice President and General Counsel of the New York Football Giants, Mr. Heller brings a wealth of experience to the firm.
12.26.2023Rajiv Parikh To Moderate Panel Discussion At Corporate Counsel Institute's Hybrid SeminarCORPORATE COUNSEL INSTITUTE
January 17, 2024
9am – 3:30pm
“Hybrid” In-person Seminar and Webinar
*Presented in cooperation with the NJSBA In House Counsel committee
Seminar Chairperson: Natalya Johnson, Esq., Senior Counsel at Johnson & Johnson
General Description: The work of corporate counsel is subject to inevitable change and growth. The role is significantly reshaped now due to society’s expectations of business and necessarily the pressures of global politics and the environment. In order to maintain success for the entities to whom they provide counsel, attorneys must strategically and affirmatively address both cultural and environmental concerns while making a clear business case for their resolution. The NJSBA Corporate Counsel Institute for 2024 is designed to summarize these complicated matters in a discussion format and offer our attendees modern solutions and perspectives to these novel concerns.