09.03.2024Harrison Clewell Pens Article For Insider NJ's "Behind The Ballot"Genova Burns Corporate Political Activity Law & Election Law Practice Chair Harrison C. Clewell, Esq. pens article for Insider NJ "Behind the Ballot: Getting on – and off – the Ballot for President in NJ"
03.22.2024New Jersey’s New Flood Risk Information Law Goes Into EffectBeginning on March 20, 2024, the new NJ law requires sellers of real property and landlords to make disclosures regarding known and potential flood risks in purchase and sale agreements and new leases and renewals.
Previously, sellers and landlords had no specific statutory obligation to disclose a property’s flood history to buyers and tenants or advise them if the property was located in a Federal Emergency Management Agency (FEMA) Flood Hazard Zone Area. This new requirement imposes one of the strictest requirements of potential flood risk disclosure on sellers and landlord in the nation.
01.24.2024USDOL Wage-Hour Division Final Rule on Independent Contractor Status Reverts to Pre-Trump Rule and Rejects “Core Factor” TestOn January 9, 2024 the U.S. Department of Labor (DOL) released a final rule that will apply beginning March 11, 2024 in determining whether a worker can be classified as an independent contractor as opposed to an employee under the Fair Labor Standards Act (FLSA). The 2024 Rule modifies Wage and Hour Division regulations by adopting an analysis that the agency claims is more consistent with judicial precedent and the FLSA’s text and purpose than the final rule issued by the agency during the final days of the Trump Administration (2021 Rule).
01.23.2024New Jersey Domestic Workers Gain Added Protections On January 12, 2024, Governor Phil Murphy signed the New Jersey Domestic Workers Bill of Rights Act (S-723/A-822), establishing a broad range of rights and employment protections for domestic workers. Domestic workers were previously excluded from the Law Against Discrimination and the New Jersey State Wage and Hour Law, leaving them without employee rights such as protections against harassment and discrimination, rest and meal breaks. The new law follows the precedent set by other states, including California, Connecticut, New York, and Massachusetts. Similar bills are pending in Philadelphia and Washington, D.C. The law will take effect in July 2024.
01.11.2024Political-Law Calendar for 2024With the new year comes an opportunity to review and re-set the political-law compliance for campaigns, PACs, lobbyists, businesses, and individuals. The following checklist provides a brief overview of upcoming dates on the political-law calendar for 2024.
11.15.2023Ending Forced Arbitration of Sexual Harassment, Not DiscriminationArbitration agreements are a powerful tool used by many employers to compel the utilization of arbitration as a means of alternative dispute resolution. Arbitration allows the parties to a claim to resolve the dispute privately, without involvement of a court of law. The Federal Arbitration Act (FAA) strongly favors arbitration and allows courts to stay the proceedings of any claims subject to valid and enforceable arbitration agreement and to compel the parties to binding arbitration.
08.08.2023NJDOL Issues Proposed Regulations Implementing N.J. Temporary Workers Bill of Rights ActOn July 21, 2023 the N.J. Department of Labor and Workforce Development (Department) issued long-awaited guidance regarding the Temporary Workers Bill of Rights Act. Certain provisions of the Act took effect on August 5, 2023. These regulations address Sections 1 through 7, and Section 10 of the Act only and are not technically binding on employers and temporary help service firms (THSFs) now since they are in their proposed form and the Department is accepting public comments through October 20; however, they provide additional guidance for employers and THSFs who are trying to comply with the provisions of the Act.
08.02.2023Cleaning House: New Jersey Enacts Building Service Worker Retention Law On July 24, 2023, Governor Phil Murphy signed into law Assembly Bill 4682/Senate Bill 2389 protecting non-managerial and non-professional service workers, who work at eligible locations, from sudden and unexpected loss of employment due to changes in ownership. New Jersey’s new law is the second of its kind in the United States.
06.20.2023Patience is a Virtue: NJ Appellate Division Affirms Settlement of Discipline Bars Recovery Under the NJLAD On May 1, 2023, in Onukogu v. New Jersey State Judiciary, the Superior Court of New Jersey, Appellate Division affirmed the trial court’s grant of summary judgement in favor of the employer, affirming the dismissal of the employee’s allegations of discrimination and retaliation under the New Jersey Law Against Discrimination (NJLAD). The case demonstrates how employers, when faced with employees with long-term disciplinary problems who they wish to retain, can link decisions not to discipline or terminate to a release of potential claims.
05.02.2023Angelo Genova and Rajiv Parikh Named to New Jersey Globe's 2023 Power ListGenova Burns would like to congratulate Co-Founding Partner & firm Chairman Angelo J. Genova, Esq. and Partner Rajiv Parikh, Esq. for their inclusion in New Jersey Globe's 2023 Power List, which "identifies New Jersey’s 100 most politically powerful personalities."
04.25.2023NJ District Court Awards Rule 11 Sanctions in Favor of Employer for Frivolous SuitOn March 31, 2023, the United States District Court for the District of New Jersey, in the matter of Desire v. Dreamwear Inc., imposed Rule 11 sanctions in favor of an employer based on the filing of a frivolous Second Amended Complaint. This case serves as an important reminder that filing frivolous claims will not be tolerated by the court and when warranted, employers should move for sanctions.
04.13.2023The Glass is Half Full: An Update on Governor Murphy's Proposal Regarding Liquor Law Reform In New JerseyGovernor Murphy recently held a roundtable discussion with restaurant owners and fellow government officials, where he discussed his proposal to modernize the state’s liquor license laws. The proposal was teased in Governor Murphy’s State of the State Address earlier in the year, though details of the plan were formerly unknown. We now know that Governor Murphy’s goal is to create equity in the liquor license industry by expanding the number of licenses available and lowering the costs of those licenses, allowing for local small businesses to participate in this seemingly exclusive industry and boost the economy.
04.13.2023No Signature, No Settlement: NJ Appellate Division Reiterates Settlements Reached at Mediation Absent a Signed Agreement Are Unenforceable On March 28, 2023, in a published decision in Gold Tree Spa, Inc, v. PD Nail Corp., the New Jersey Appellate Division extended the New Jersey Supreme Court’s seminal decision in Willingboro Mall, Ltd. v. 240/242 Franklin Ave., LLC and confirmed that settlements reached at mediation are unenforceable when the parties do not sign a term sheet before mediation comes to a close, irrespective of whether mediation is voluntary or court-ordered. Although the Gold Tree case involved a commercial dispute, the decision contains important lessons for employers and employment law practitioners.
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