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Jennifer Roselle to Present Business Management Workshop at Rutgers Business School's Annual Business Community Engagement Symposium
Genova Burns Partner Jennifer Roselle, Esq. will present a business management workshop at Rutgers Business School 7th Annual Business Community Engagement Symposium- Migrating Through A Changing Economy on November 9th.
New York City Salary Transparency Law Effective November 1, 2022
As of November 1, 2022, employers advertising a “job, promotion or transfer opportunity” in the 5 Boroughs of New York City must state the minimum and maximum salary for the position contained in the job posting or advertisement. This law applies to all jobs that will be or can be performed, at least in part, in New York City.
Dina Mastellone To Present on Labor & Employment Law Panel at NJSBA Mid-Year Meeting
Firm Partner & Human Resources Counseling & Compliance specialist Dina M. Mastellone, Esq. will present at the 2022 New Jersey State Bar Association (NJSBA) Mid-Year Meeting.
Brigette Eagan and Christopher Manley to Present Webinar for Rutgers's Entrepreneurship Pioneers Initative
Genova Burns' Counsel Brigette N. Eagan and Associate Christopher L. Manley will present a workshop for Rutgers Business School's Entrepreneurship Pioneers Initiative (EPI) program for new entrepreneurs/start-ups on November 4th.
Dina Mastellone and Jennifer Roselle to Present Webinar "Updated Guidance on Drug Testing, Discipline & Cannabis In The Workplace" for New Jersey Coalition of Automotive Retailers
Genova Burns Partners Dina Mastellone, Esq. and Jennifer Roselle, Esq. will present a webinar for the New Jersey Coalition of Automotive Retailers on October 27th entitled, "High Maintenance: Updated Guidance on Drug Testing, Discipline & Cannabis In The Workplace."
High Maintenance: The NJ Cannabis Regulatory Commission Rolls Out Long-Awaited Guidance On Drug Testing, Discipline, & Cannabis In The Workplace
Employers, note that the Guidance from the New Jersey Cannabis Regulatory Commission (the Commission) is only a temporary gap-fill. The Commission has yet to issue standards on the required certification process for those workplace experts who will be designated to detect an employee’s on-the-job impairment from cannabis (among other substances). Here’s what New Jersey employers need to know now.
You Snooze You Lose: NJ Appellate Division Affirms Dismissal of Sleep Apnea Disability Bias Class Action
On August 15, 2022, the New Jersey Appellate Division declined to reinstate a disability bias class action brought by a New Jersey Transit train operator who was required undergo a sleep apnea screening due to the results of his physical examination as required by NJ Transit’s policy stemming from safety concerns as a result of a 2016 train accident.
Is Age Just A Number?
On August 15, 2022, in Cronin v. Booz Allen Hamilton Inc., et al., the Third Circuit Court of Appeals upheld the District of New Jersey’s grant of summary judgement to Booz Allen on Cronin’s age discrimination claims, finding that Cronin was unable to show that Booz Allen’s non-discriminatory reasons for not hiring her were “so plainly wrong that it cannot have been [Booz Allen]’s real reason.” Absent such a showing, the Third Circuit would not overturn the decision of the District Court.
A Real “Who Dunnit?”: Dispute Over Unsigned Arbitration Agreement Means Judges Must Wear Detective’s Cap
On July 18, 2022, the New Jersey Appellate Division provided a perfect reminder why all employers and HR professionals should diligently confirm that new hires complete all on-boarding paperwork. In Bhoj v. OTG Management, LLC, the Appellate Division reversed a trial court’s order compelling arbitration, finding that the terminated employee’s failure to sign or acknowledge receipt of an arbitration agreement presented a factual mystery that required a more in-depth investigation by the judge before she could enforce an unsigned arbitration agreement.
Is There a Problem Officer?: NJ Appellate Division Affirms Dismissal of Retired Police Officer’s Disability Lawsuit
On May 23, 2022, the New Jersey Appellate Division upheld a trial court’s dismissal of failure to promote, hostile work environment, and retaliation claims brought by a retired New Jersey State Police Trooper. In Stonnell v. State of New Jersey, the Appellate Division affirmed the trial court’s dismissal of the trooper’s New Jersey Law Against Discrimination (NJLAD) claims, finding that he failed to set forth facts sufficient to establish that the New Jersey State Police violated the law with respect to his employment.
Digital Walls Surrounding Speech on Social Media Crumble: NJ Appellate Division Upholds Employee Termination for Racist Facebook Posts
On May 20, 2022, in McVey v AtlantiCare Medical System, the New Jersey Appellate Division Panel affirmed the dismissal of an employee’s case holding that her termination was not in violation of the protections afforded to speech. After losing her job for posting racist comments on social media, Plaintiff, Heather J. McVey, learned that freedom of speech, like all rights, is not absolute.
Dina Mastellone and Jennifer Roselle to Present "Clearing The Haze: Maintaining A Drug Free Workforce" Webinar for NJ CAR
Firm Partners Dina M. Mastellone, Esq. and Jennifer Roselle, Esq. will present a webinar entitled, "Clearing The Haze: Maintaining A Drug Free Workforce" for the New Jersey Coalition of Automotive Retailers (NJCAR) on June 8th.
Jennifer Roselle to Present Human Resources Legal Update Virtual Event for the Commerce and Industry Association of New Jersey
Partner Jennifer Roselle, Esq. will present a "Human Resources Legal Update" virtual event for the Commerce and Industry Association of New Jersey on May 4th.
Glass Houses: Hostile Work Environment Claim Dismissed Due to Employee’s Own Unprofessional Conduct
On April 19, 2022, in Bouziotis v. Iron Bar, LLC, the New Jersey Appellate Division upheld a trial court’s dismissal of a former bartender’s hostile work environment and gender discrimination claims partly on the grounds that employee partook in the “pejorative language and boorish conduct pervading Iron Bar’s atmosphere,” just as much as anyone else, regardless of gender. Because the former employee could not show that the alleged misconduct occurred “but for [her] gender,” the Appellate Division upheld the trial court’s grant of summary judgment in favor of the employer.
Employer Documentation Saves the Day & Earns Dismissal of Age Bias Lawsuit
On April 4, 2022, in the matter of Jane Rocks, et al. v. PNC Investments LLC, et al., a three-judge Appellate Panel affirmed the Superior Court’s grant of summary judgment in favor of PNC Investments LLC and dismissing the former employees’ claims of age discrimination, hostile work environment, and constructive discharge in violation of the New Jersey Law Against Discrimination (NJLAD). The Appellate Division found the employees were unable to demonstrate that they were held to higher standards due to their age.
NJ Appellate Division Upholds Requests, Not Commands, By Employers to Maintain Confidentiality in Employment Investigations
On February 28, 2022, the New Jersey Appellate Division ruled that a request for confidentiality by an investigator in connection with a discrimination or harassment investigation is valid and does not violate an employee’s right of free speech or the New Jersey Law Against Discrimination (NJLAD). In Usachenok v. State of New Jersey Department of the Treasury, et al., the Appellate Division denied an attempt made by a former employee to invalidate a regulation by the State's Civil Service Commission requesting confidentiality in connection with a harassment investigation.
To Be Blunt: The NJLAD Does Not Bar Arbitration of Medical Marijuana User’s Employment Claims
On February 15, 2022, the New Jersey Appellate Division upheld a trial court Order compelling arbitration of discrimination and wrongful termination claims brought by a former employee who was terminated for testing positive for marijuana. In a matter of first impression, the Appellate Division in Antonucci v. Curvature Newco, Inc. held that federal law governing arbitration preempts a 2019 amendment to the New Jersey Law Against Discrimination (NJLAD) invalidating employment agreements that require employees to waive certain rights, with respect to discrimination, retaliation, and/or harassment claims.
New York City Passes Law Requiring Salary Ranges in Job Postings
A makeover is on the horizon for job postings in New York City. On December 15, 2021, the New York City Council passed new legislation relating to wage transparency on job postings. On January 15, 2022, New York City Mayor Eric Adams returned this bill without a veto, effectively passing it into law. The goal of the legislation was to reduce pay disparities affecting historically disadvantaged applicants, which follows a national trend.
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.
Governor Hochul Expands The New York Paid Family Leave Act To Cover Siblings With A Serious Health Condition
This is the first blog in a series covering New York’s Recent Expansions Of Its Employment Laws. Governor Hochul recently expanded New York’s Paid Family Leave Act by amending the definition of family to include siblings. Siblings under the amendment covers both biological and adopted siblings, half siblings, and step-siblings. This amendment will allow employees time off to care for siblings with a serious health condition. Employers have time to comply, as this amendment does not become effective until January 1, 2023.