The termination of an employee requires careful consideration of business and legal issues. There are various legitimate reasons as to why companies terminate employees including, but not limited to, misrepresentation of experience, education, or qualifications; inadequate job performance; violation of work rules or employer policy; unexcused absences and excessive tardiness;…
Insights
What are the Legal Risks of Disciplining Employees for Social Media Use in the Workplace?
Employees’ use of social media in the workplace can be harmful to employers both legally and from a public relations standpoint. It can decrease company morale in the event employees choose to use social media as a forum to complain about their employer. It can also be costly to employers,…
Understanding the Overlap and Distinctions Between FMLA and NJFLA
Employees are eligible for 12 weeks of unpaid leave under both State and Federal Law. Under Federal law, the Family and Medical Leave Act (“FMLA”) governs employee leaves of absences whereas the New Jersey Family Leave Act (“NJFLA”) governs State leave. While there are some similarities between the two Acts,…
ROI-NJ’s Cybersecurity Interview with Eric Levine
Eric Levine, Co-Chair of Lindabury’s Cybersecurity & Data Privacy practice group was recently interviewed regarding the constant threat of cyberattack facing companies today. Eric says, “No matter how big or small your business, cybersecurity affects you. Companies need to anticipate that they will be a victim at some point, if…
New Jersey Assembly Makes Headway on Bill to Eliminate Craft Brewery Tour Requirement
Good news is a brew for New Jersey craft beer advocates. In February 2018, the New Jersey Assembly’s Agriculture and Natural Resources Committee paved the way for the introduction of Bill A2196, which would remove a current licensing rule requiring breweries and distilleries to provide a tour of their facilities…
#MeToo: What’s An Employer To Do?
The floodgate of sexual harassment allegations spawned by the #MeToo movement is evidence that employers are dropping the ball on fostering work environments free from inappropriate sexual behaviors. The good news is there are simple things an employer can do to prevent workplace harassment from occurring in the first place,…
Practical Considerations for Attorneys and Trustees: Trust Decanting After Matter of Kroll
The New York “trust decanting statute” (EPTL 10-6.6) was significantly revised in August 2011. Although commentary and analysis of the new statute appeared almost immediately from practitioners, it was not until late 2013 that the judiciary joined the conversation. In Matter of Kroll,1 the Surrogate’s Court of Nassau County was faced…
2017 Tax Cuts and Jobs Act
President Trump signed the Tax Cuts and Jobs Act (the “Act”) on December 22, 2017. The Act makes significant changes to the Internal Revenue Code, covering a broad range of income, corporate, and estate taxes. Most of the changes to the Code are effective as of January 1, 2018. Because…
Drafting Divorce Agreements to Address Life Insurance Obligations
Nicole Kobis recently authored an article for the New Jersey Law Journal in which she provides insight to an often overlooked and extremely important task that needs to be addressed; obtaining and/or maintaining life insurance policies for each divorced spouse along with ensuring documentation is in place to allow each party…
Are Unpaid Internships Ready for a Comeback?
In NJBIA’s recent article, Kathleen Connelly, a member of Lindabury’s Employment Law practice group, discusses the U.S. Department of Labor’s (DOL) new test to determine if a student intern is an employee, which may make unpaid internships a more viable option for employers. “By no means is this a green…