Published on: May 23, 2018

U.S. Supreme Court Upholds Use Of Compulsory Arbitration Provisions And Class Action Waivers In Employment Agreements

On May 21, 2018, the Supreme Court of the United States issued its opinion in the closely followed case of Epic Systems Corp. v. Lewis.  With a 5-4 majority, the Court ruled that employers can enforce agreements with employees that require employment disputes to be resolved by way of individualized…

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Published on: May 22, 2018

New Jersey Enacts Law Requiring Employers To Provide Earned Sick Leave

On Wednesday, May 2, 2018, Governor Phil Murphy signed a bill into law that requires employers to provide earned sick leave to employees working in New Jersey.  The new law, which goes into effect on October 29, 2018, states that employees shall accrue one hour of earned sick leave for…

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Published on: March 2, 2018

Addressing Harassment In the Workplace: Employers Need To Act Now

Matt Lauer. Charlie Rose. Kevin Spacey. For the past several months, it seems like there is a new high-profile sexual harassment report in the news every day. While most employers do not employ public figures of the stature of the aforementioned individuals, it does not mean the need for effective…

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Published on: December 22, 2017

Understanding Personal Risks and the Idiopathic Defense

First, practitioners must understand it is the employer’s burden of proof to demonstrate a medical condition is idiopathic in nature. Idiopathic injuries are those medical conditions that arise spontaneously or stem from a trait personal to the injured employee. The difficulty in demonstrating an injury is idiopathic in nature, stems…

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Published on: December 12, 2017

EMPLOYERS IGNORE WAGE EXECUTIONS AT THEIR PERIL

The New Jersey Appellate Division recently issued an unpublished decision which should remind employers of the need to honor wage execution orders. In Renaissance Towers Condominium Association Inc. v. Davis, the plaintiff obtained a $30,000 money judgment and secured a wage execution order as well as a writ against defendant…

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Published on: November 30, 2017

DOMESTIC PARTNERSHIPS ≠ CIVIL UNIONS OR MARRIAGES FOR THE PURPOSES OF THE NEW JERSEY ESTATE TAX

In its recent decision, Rucksapol Jiwungkul, as Executor of the Estate of Maurice R. Connolly, Jr. v. Director, Division of Taxation, 450 N.J. Super. 257 (App. Div. 2017), the New Jersey Superior Court Appellate Division affirmed the holdings of the Tax Court, which sided with the Division of Taxation (“Division”)…

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Published on: November 3, 2017

The Limitations of Limited Liability

Most business owners understand the importance of limited liability protection. It is a simple concept.  Limited liability protection shields business owners from personal responsibility for their company’s debts and liabilities. Not all forms of companies offer this protection however.  Sole proprietorships and partnerships do not.  Corporations, limited liability companies, and…

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Published on: July 25, 2017

Another Revised Form I-9 Starting September 18, 2017

On July 17, 2017, the United States Citizenship and Immigration Services (“USCIS”) issued yet another revised Form I-9, Employment Eligibility Verification (“Form I-9”). USCIS recently issued a revised Form I-9 on November 14, 2016, which was required to be implemented by January 21, 2017 and attempted to make the form…

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Published on: July 6, 2017

New Jersey Appellate Division Revives Case Involving Police Discrimination of Transgender Man

Recently, the New Jersey Superior Court Appellate Division reversed and remanded a trial court decision that dismissed a transgender man’s complaint of public accommodation discrimination against a police department in violation of the New Jersey Law Against Discrimination (“LAD”), N.J.S.A. 10:5–1 to –49. The case, Holmes v. Jersey City Police…

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Published on: June 23, 2017

The Latest Plan from the U.S. Department of Labor: A Request for Information

On June 7, 2016, Alexander Acosta, the recently confirmed Unites States Secretary of Labor, announced that in the coming weeks the Department of Labor (DOL) plans to submit a request for information (RFI) on the overtime rule with regard to whether the salary threshold for overtime exemption should be raised…

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