09.14.2022 Can Money Buy Happiness? New York Seeks to Retain Health Care Workers Through its New Bonus Initiative Last month, New York Governor Kathy Hochul announced the launch of the Health Care and Mental Hygiene Worker Bonus (HWB) Program, an initiative to increase New York’s health care workforce by 20% over the next five years. The Program seeks to recruit, retain, and reward health care and mental hygiene workers through issuing bonuses to qualifying workers who remain in their position for at least six months.
05.31.2022Is There a Problem Officer?: NJ Appellate Division Affirms Dismissal of Retired Police Officer’s Disability LawsuitOn 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.
02.25.2022To Be Blunt: The NJLAD Does Not Bar Arbitration of Medical Marijuana User’s Employment ClaimsOn 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.
10.06.2021Diversity Finds Its Home At Genova Burns LLC Genova Burns LLC newly revamped Diversity, Equity & Inclusionary Committee led by co-Chairs Harris S. Freier, Esq. and Jennifer Borek, Esq. is making an impact Firm-wide. The committee has exceeded its initial plan of action and is moving forward on multiple fronts. The DE&I Committee had planned on spearheading a number of firm initiatives including programming with the Rutgers Association of Black Law Students, implementation of diverse hiring practices, a diverse speaker series, sponsorship and support of organizations campaigning for diversity, and social events and awards that emphasize our shared diversity.
05.26.2021Sign on the Dotted Line: Enforceability of Arbitration Agreements Against Predecessor Company On April 30, 2021, in Hampton v. ADT, LLC, et al., the New Jersey Appellate Division vacated a September 2020 trial court order dismissing a former employee’s lawsuit and compelling him to arbitrate his Conscientious Employee Protection Act (CEPA) claims against his former employer’s predecessor. In so doing, the Appellate Division held that the trial court must first determine whether the subject Arbitration Agreement was binding on the former Vice President, and if so, whether his former employer was, in fact, the assignee of the agreement.
12.07.2020A Forklift Operator Walks into a BarOn August 7, 2020, the New Jersey Appellate Division upheld the trial court’s dismissal of a negligence action filed by a leased warehouse worker against his employer for injuries sustained while on duty.
06.17.2020EMPLOYEES COVID-19 RELATED COMPLAINTS IN NEW JERSEYThe pandemic brought pandemonium to many New Jersey workplaces. With the second largest outbreak in the country only behind New York, and being the most densely populated state in the country, New Jersey was hit particularly hard by the pandemic giving rise to a number of employee suits.
03.27.2020 New Jersey Division on Civil Rights (DCR) Releases COVID-19 FAQ'sOn March 19, 2020, the New Jersey Division on Civil Rights (DCR) released a Guidance addressing frequently asked questions regarding the novel coronavirus (COVID-19). Specifically, the DCR addresses protections and obligations under the New Jersey Law Against Discrimination (NJLAD).
01.02.2020Know When to Fold 'Em: Appellate Division Upholds Bally’s Termination of Employee Despite Whistleblowing Activity On December 3, 2019, the New Jersey Appellate Division upheld the dismissal of a whistleblowing claim filed by an ex-casino employee and affirmed the trial court’s decision dismissing the employee’s claims under the Conscientious Employee Protection Act (CEPA) finding that he was properly terminated for mistreating his coworkers. Thus, he could not establish a claim for retaliation, as there was no link between his termination and his reporting of an alleged casino scam.