You searched for: John C. Petrella

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General Search Results:

• 03.14.2023

  To Click or Not to Click: NJ Appellate Division Reaffirms Enforceability of Electronic Arbitration Agreements
  On March 7, 2023, in Dakota Powell vs. Prime Comms Retail LLC, the New Jersey Appellate Division ruled that a former employee must arbitrate her claims of race discrimination, rather than pursue them in court due to her electronic acknowledgement of a Mutual Agreement to Arbitrate upon hiring. The decision in Powell further confirms the growing acceptance of arbitration agreements by the New Jersey courts in New Jersey Law Against Discrimination (NJLAD) cases.

• 01.24.2023

  John Petrella Quoted in Bloomberg Law Daily Labor Report Article "Religious Accommodation Test on Thin Ice With Justices’ New Case"
  John C. Petrella, Esq., Genova Burns Partner and Labor & Employment Law litigation specialist, was recently featured in a Bloomberg Law Daily Labor Report article entitled "Religious Accommodation Test on Thin Ice With Justices’ New Case".

• 11.03.2022

  Timing is Everything: NJ Appellate Division Compels Arbitration of Employee’s Sex Harassment Claims
  On October 26, 2022, the New Jersey Appellate Division in Rourke v. Herr Foods, Inc. once again confirmed that the Federal Arbitration Act (FAA) preempts the 2019 amendment to the New Jersey Law Against Discrimination (NJLAD) invalidating employment agreements that require employees to waive rights pertaining to claims of harassment, discrimination and/or retaliation. Thus, the employee was required to proceed to arbitration on his sexual harassment, sexual assault and retaliation claims.

• 08.24.2022

  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.

• 08.10.2022

  ABC Is Not As Easy as 1-2-3: NJ Supreme Court Issues Independent Business Misclassification Decision
  On August 2, 2022, the New Jersey Supreme Court in East Bay Drywall, LLC. v. Department of Labor and Workforce Development, issued a unanimous opinion holding that workers, hired on a need and availability basis, who used their own equipment and provided certificates of insurance and business entity registration information, were employees of a drywall installation business and not independent contractors as the company claimed. The Court also held that whether or not the workers could “join the ranks of the unemployed” when the relationship with the company ends directly impacts independent contractor status in New Jersey.

• 08.04.2022

  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.

• 06.16.2022

  It’s Settled . . . Or Is It? NJ Appellate Division Rules The NJLAD Does Not Prohibit Non-Disparagement Clauses in Settlement Agreements
  On May 31, 2022, in Savage v. Township of Neptune, the New Jersey Appellate Division partially upheld, and partially overturned, a trial court’s enforcement of a private settlement agreement, holding that although the settlement agreement’s non-disparagement clause was enforceable and not violative of the statutory prohibition against enforcing non-disclosure provisions in harassment/discrimination/retaliation cases, the employee’s allegedly disparaging statements did not actually violate the non-disparagement clause as written.

• 05.31.2022

  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.

• 05.26.2022

  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.

• 02.25.2022

  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.

• 02.23.2022

  Vaccination or (Possibly) Termination: Appellate Division Affirms NJ Executive Order 283
  The Appellate Division upholds Governor Murphy’s Executive Order 283, one of the most recent COVID-19 mandates requiring full vaccination (without the alternative option for testing) for covered workers in healthcare and high-risk congregate facilities.

• 01.18.2022

  Whose Burden is it Anyway? NJ Appellate Division Holds Employee Fails to Meet the Burden of Persuasion of Showing Discriminatory Intent
  Despite surviving summary judgment, securing a favorable verdict at the second trial, and being awarded counsel fees, Plaintiff’s gender discrimination case was abruptly dismissed by the Appellate Division. On January 3, 2022, the three-judge panel held that an employee in a discrimination case bears the burden of persuasion at all stages. This employee’s argument fell short of that burden, and her case was, therefore, dismissed.

• 08.25.2021

  Everyone’s Out of Bounds! NJ District Court Finds Employer’s Discretion in Managing Suspected FMLA Abuse is Limited by the Employer’s Lack of Proper Documentation
  On August 6, 2021, the New Jersey District Court in Calio v. Camden County Board of Chosen Freeholders, denied motions by both an employer and an employee to resolve a dispute over abuse of leave under the Federal Family and Medical Leave Act (FMLA) and New Jersey Family Leave Act (NJFLA) rights. The District Court ruled that it could not dispose of the case in its early stages and could not find that the employer properly disciplined the employee for excessive absences, due in part, to the employer’s lack of proper documentation.

• 08.20.2021

  The Best Lawyers in America® Names Genova Burns Attorneys to 2022 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® 2022 (a trademark of Woodward/White, Inc.).

• 07.06.2021

  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.

• 06.24.2021

  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.

• 06.22.2021

  NJ Supreme Court Strikes Adverse Employment Action Requirement in Failure to Accommodate Claims
  On June 8, 2021, the New Jersey Supreme Court in Richter v. Oakland Board of Education affirmed the Appellate Division’s ruling that an employee asserting a failure to accommodate claim does not have to separately establish that she suffered an adverse employment action in addition to demonstrating her employer’s inaction in failing to reasonably accommodate her disability.

• 05.24.2021

  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.

• 05.20.2021

  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.

• 05.20.2021

  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.

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