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Dina Mastellone Interviewed on The Lawyers Edge Podcast
Dina M. Mastellone, Esq., firm Partner and Human Resources, Counseling & Compliance Practice Chair, was recently featured on The Lawyer’s Edge podcast for an interview focused mainly on whether or not the bar association is relevant today.
Dina Mastellone to Present "Workplace Investigations: Understanding Micro-Aggressions, Implicit Bias, and the Impact of Long-Term Virtual Workplaces on Employees and Workplace Cultures" Webcast
Partner Dina M. Mastellone, Esq. will participate in a webcast for the New Jersey State Bar Association entitled "Workplace Investigations: Understanding Micro-Aggressions, Implicit Bias, and the Impact of Long-Term Virtual Workplaces on Employees and Workplace Cultures" on September 30th.
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.
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.
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.
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.
Genova Burns Now Offers On-Line & On-Demand Discrimination and Harassment Training
Genova Burns has developed its online sexual harassment/#MeToo, discrimination and harassment prevention training based on its years of live training experiences and day-to-day counseling employers on these issues.
New Jersey Supreme Court Provides Guidance On The Expansive Scope Of The Pregnant Workers Fairness Act
On March 9, 2021, the New Jersey Supreme Court issued its first published decision addressing the New Jersey Pregnant Workers Fairness Act (PWFA), the amendment to the New Jersey Law Against Discrimination that protects pregnant and breastfeeding employees from workplace discrimination.
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.
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.
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?"
Dina Mastellone to Moderate New Jersey Women Lawyers Association "Employment Outlook 2021" Webinar
Dina M. Mastellone, Esq., firm Partner and Human Resources Counseling & Compliance Practice Chair, will moderate an upcoming New Jersey Women Lawyers Association webinar entitled "Employment Outlook 2021" on February 1st.
Requiring the COVID-19 Vaccination at Work: Issues for NJ Employers to Consider When Developing a COVID-19 Vaccination Program
We have seen recent articles speculating on whether employers can require their employees to take an FDA-approved COVID-19 vaccination as a condition of employment or continued employment. Here, without giving any legal advice, for private (non-governmental) New Jersey employers, odds are that this type of employment rule will be permissible, with certain limitations, discussed herein.
Jennifer Roselle and Daniel Pierre Comment on What Legal Use Cannabis Can Mean for New Jersey Employers in HR Daily Advisor
Firm Cannabis Practice Group members Jennifer Roselle, Esq., Counsel and Daniel Pierre, Esq., Associate, discuss the potential effects that legal recreational use of cannabis can mean for New Jersey employers in a recent HR Daily Advisor article entitled “Employers in More States See Changing Marijuana Laws.”
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.
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.
Six Genova Burns Attorneys to Present "Managing Workplace Risk Post-COVID" Seminar for NJCAR
Genova Burns' attorneys Dina M. Mastellone, Douglas E. Solomon, John R. Vreeland, Brigette N. Eagan, Keith A. Krauss, and Young-Ji will present a webinar on June 17 for NJCAR entitled, "Managing Workplace Risk Post-COVID."
Justine Abrams Presented on Webinar Panel “Should I Come Back, Can I Come Back, How Do I Come Back?”
Genova Burns' attorney Justine L. Abrams participated in a recent webinar entitled “Should I Come Back, Can I Come Back, How Do I Come Back?” hosted by Sobel Co. on June 12.
Back to Business New Jersey: Essential FAQs for Return-to-Work Planning
Now is the time for employers to formulate action plans for returning employees to the workplace. We have developed the following FAQ’s to guide the development of your return to work plan.