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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.
Doubling Down on the FAA: NJ District Court Strikes Down the NJLAD’s Prohibition Against Arbitration
Earlier this year, in a matter of first impression, the Monmouth County Law Division in Janco v. Bay Ridge Automotive Management Corp. held that the amendment to the New Jersey Law Against Discrimination (NJLAD) which prohibits a waiver of any right or remedy available under the NJLAD was superseded by the Federal Arbitration Act (FAA). In its decision on March 25, 2021 in New Jersey Civil Justice Institute v. Grewal, the United States District Court followed suit and enjoined the State AG from enforcing Section 12.7 of the NJLAD that would invalidate arbitration agreements between employers and employees. This decision represents a significant victory for employers on the enforceability of arbitration agreements in harassment, discrimination and retaliation cases in New Jersey.
Genova Burns is Proud to Support the FeedNJ Program
Genova Burns LLC is proud to support the FeedNJ program, an important local initiative, of which was recently reported in New Jersey Business Magazine.
Jennifer Roselle to Join Esteemed Panel at NJBIZ "Cannabis: The Effect on New Jersey Business" Virtual Event
Genova Burns Cannabis Law Practice Co-Chair Jennifer Roselle will join an esteemed panel of experts at an NJBIZ virtual event entitled "Cannabis: The Effect on New Jersey Business" on March 23rd.
Calling All New Jersey Government Contractors: Is Your Company Prepared for the March 30th Business Entity Annual Disclosure Filing Deadline?
New Jersey’s Pay-to-Play Annual Disclosure filing deadline is less than one month away. New Jersey law requires each business entity that received payments of $50,000 or more (in the aggregate) as a result of New Jersey government contracts during the 2020 calendar year to electronically file a Business Entity Annual Statement (“Form BE”) with the New Jersey Election Law Enforcement Commission (“ELEC”) no later than Tuesday, March 30, 2021.
Avi Kelin Pens "Autonomous Vehicles: State and Municipal Governments Need to Stay in the Same Lane" Published by NJ Municipalities Magazine
Avi D. Kelin, Esq., Senior Associate and Autonomous Vehicle Law Practice Group Chair, recently penned an article entitled, "Autonomous Vehicles: State and Municipal Governments Need to Stay in the Same Lane" which was published by NJ Municipalities Magazine.
Genova Burns Cannabis Law Leaders Publish Article Discussing New Jersey Adult Use Law Legislation in the National Cannabis Industry Association
Genova Burns Cannabis Law Practice Co-Chairs Charles J. Messina, Esq. and Jennifer Roselle, Esq., and Associate Daniel Pierre, Esq. wrote an article entitled, "It’s Still Snowing – But is Jersey’s Grass Finally Green?" which has been published by the National Cannabis Industry Association.
Jennifer Roselle Discusses What Legalization Could Mean for Both Employers and Employees in the Workplace in NJ.Com Article
Jennifer Roselle, Esq., Counsel in the firm's Cannabis Law and Labor Law Practice Groups, was interviewed for a recent NJ.com article that asked the question "Can I be fired if I test positive for marijuana, even though weed was just legalized? What you need to know."
Governor Murphy Gives Cannabis the Green Light
New Jersey wait no longer – recreational use of cannabis is finally here. Earlier today, Governor Murphy signed the enabling legislation for recreational use into law. What does this mean? Adults 21 and over will be permitted to consume recreational cannabis legally within the state, and the industry is soon poised to expand exponentially.