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Employees 70 & Older Gain New Life With Expanded Protections Against Age Discrimination in the Workplace
On October 5, 2021, New Jersey Governor Phil Murphy signed legislation expanding the New Jersey Law Against Discrimination (NJLAD) providing increased protections against age discrimination for workers 70 years of age and older. The new legislation closes loopholes by repealing provisions permitting age discrimination in hiring, promoting, and retirement practices, while increasing available remedies to those facing age discrimination in employment.
David Cooke to Participate on Panel for "Around the Sky -The Latest in Aviation Law" Webcast
David P. Cooke, Esq., Of Counsel to Genova Burns, will participate in a webcast entitled "Around the Sky -The Latest in Aviation Law" on September 29.
Angelo Genova to Moderate "Future Impact of the NJ Wind Port & the South Jersey Ports" Panel at New Jersey Alliance for Action Live Event
Firm Chairman & Managing Partner Angelo J. Genova, Esq. will moderate a panel discussion regarding the future impact of the New Jersey Wind Port and the South Jersey Ports at an upcoming live and in person New Jersey Alliance for Action event on Friday, September 17th.
Charles Messina Featured on the Pot Buddy Podcast "The Journey of a Cannabis Attorney" Podcast
Genova Burns Partner and Cannabis Law Practice Co-Chair Charles J. Messina, Esq. recently appeared on an episode of The Pot Buddy podcast entitled "The Journey of a Cannabis Attorney".
Political Law Update for Banks, Utilities, Insurance Companies and Regulated Industries
As summer winds down, we are entering the home stretch for the 2021 gubernatorial election in New Jersey. Because of the importance of this election, businesses and individuals who normally sit out politics may find themselves getting involved in political activity. This process can be especially tricky for New Jersey’s regulated industries—banks, utilities, insurance companies, and more—because the rules of the road for their political activity have recently changed.
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.
"We’re Out of the Weeds – CRC Releases Initial Rules & Regs for New Jersey’s Adult-Use Marketplace" Genova Burns Cannabis Attorneys Publish Article in National Cannabis Industry Association
Genova Burns Cannabis Law Practice Co-Chairs Charles J. Messina, Esq. and Jennifer Roselle, Esq., and Associate Daniel Pierre, Esq. recently penned an article entitled, "We’re Out of the Weeds – CRC Releases Initial Rules & Regs for New Jersey’s Adult-Use Marketplace" which has been published by the National Cannabis Industry Association.
Brigette Eagan Discusses Bill That Would Broaden NJ's Prohibition Against Age Discrimination in NJBIZ
Genova Burns Counsel Brigette N. Eagan, Esq. discusses "Extended protection" A bill unanimously approved by both houses of the Legislature that would broaden the state’s prohibition against age discrimination in a recent NJBIZ article.
Avi Kelin Pens Article for ROI-NJ "Why N.J. is Falling Behind in Autonomous Vehicle Legislation"
Avi D. Kelin, Esq., firm Counsel and Autonomous Vehicle Law Practice Group Chair, recently penned an article entitled, "Why NJ is Falling Behind on Autonomous Vehicle Legislation" which was published by ROI-NJ.
New Jersey Enacts Higher Penalties for Employee Misclassification
On July 8, 2021, Governor Phil Murphy signed three bills into law that continue to raise the stakes for employers that misclassify employees as independent contractors. With these changes, businesses that operate in New Jersey and misclassify employees can expect to pay stiffer fines and face legal enforcement actions that did not exist before.
Trenton Okays State And Local Government Use Of Project Labor Agreements On Public Works Projects
For many years construction contractors that bid on public works projects have had to contend with complying with prevailing wage and benefit, apprenticeship program, certified payroll, and Labor Commissioner registration requirements. Now add to these requirements the risk that a bidding contractor must sign onto a project labor agreement as a condition to performing on a medium or large sized public works project. On April 30, 2021, Governor Murphy signed Bill S.3414/A.5378 into law, which took effect immediately and allows state, county and municipal governments and agencies, including school districts, to require public works projects they fund to be subject to a project labor agreement (“PLA Law”).
The IEs are Coming: Regulated-Industry Companies Now Free to Make Independent Expenditures in NJ
Late yesterday, the United States District Court of the District of New Jersey held that a century-old statute “does not ban any entity from making independent expenditures” in New Jersey. The decision comes just in time for the 2021 general election in New Jersey with the governor’s race and all 120 seats in the New Jersey Legislature up for grabs.
Daniel Pierre to Present on Cannabis Law at the Second Annual Garden State Bar Association's Labor & Employment Symposium
Firm Associate Daniel Pierre will participate as a speaker at the Garden State Bar Associations' 2nd Annual Labor & Employment Symposium on June 22nd.
Daniel Stolz Featured in Real Estate NJ Article "Retail Leaders See a Clearer Path to Recovery, Despite Continued Uncertainty"
Firm Partner and Bankruptcy, Reorganization & Creditors' Rights Practice Chair Daniel M. Stolz, Esq. was featured in a recent Real Estate NJ article, "Retail Leaders See a Clearer Path to Recovery, Despite Continued Uncertainty."
Sign 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.
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.
Eugene Paolino to Moderate Both the Multifamily and The Cove Panels at the 2021 Jersey City Summit for Real Estate Investment
Firm Partner Eugene T. Paolino is scheduled to moderate both the Multifamily and Cove Panels, comprised of experienced developers and investors, at the 2021 Jersey City Summit for Real Estate Investment, taking place virtually, on June 15-17.
Avi Kelin Discusses the Next Phase of Autonomous Vehicle Usage in New Jersey in Recent ROI-NJ Interview
Firm Counsel and Autonomous Vehicle Law Practice Chair Avi D. Kelin was recently interviewed by ROI-NJ regarding his thoughts on the next phase of autonomous vehicle usage in New Jersey.