Blog
New Legislation Affecting Voluntary Payments In New Jersey Workers Compensation Claims
Over the past several years, various attempts have been made to amend the New Jersey Workers Compensation Act in regards to voluntary payments. The New Jersey Workers Compensation Act contained a provision, Section 64, which allowed an employer or workers compensation insurance carrier to extend a payment known as a…
Read More >The Legal Landscape of Cannabis
The Maine Supreme Court, in a 5-2 decision, recently held the Maine Workers Compensation Board’s Order directing an employer to reimburse an injured worker for expenses associated with obtaining medical marijuana was in violation of Federal law, namely the Controlled Substances Act (CSA). In Bourgoin v. Twin Rivers Paper Co.,…
Read More >Facts About The Diane B. Allen Equal Pay Act
On April 24, 2018 Governor Phil Murphy signed the Diane B. Allen Equal Pay Act (the “Act”) which is an amendment to the New Jersey Law Against Discrimination (the “LAD”). The Act now requires pay equality, including benefits, across all protected categories under the LAD. To assist your workplace in…
Read More >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…
Read More >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…
Read More >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…
Read More >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…
Read More >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…
Read More >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”)…
Read More >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…
Read More >