You have a commitment from your Lender; certainly you should be able to close in one week, Right? Wrong. When closing a loan, there are many areas that can derail you from a timely closing. One area of particular concern and which often delays closing, is with respect to the…
Lindabury, McCormick, Estabrook & Cooper, P.C.
Department of Justice Hitches Environmental Crimes to Worker Safety Violations
THE FOURTH QUARTER OF 2015 saw two striking pronouncements on criminal prosecutions and civil actions against individuals. The first, referred to unofficially as the “Yates Memo,” came in the form of new guidance to the Department of Justice (DOJ) and all United States attorneys on individual accountability. The second came in the form of a memorandum…
Unmanned Aerial Vehicles and the Construction Industry
Lindabury Construction law attorney Chloe Mickel authored an article for the American Bar Association’s Forum on Construction Law which examined the beneficial uses unmanned aerial vehicles (“drones”) can provide. While drones are rapidly becoming more commonplace in both the consumer and business markets, the construction industry has been slow to integrate…
Pressing an Employee About Retirement Can be Evidence of Age Discrimination
Employers are often tempted to make inquiries to older employees about their retirement plans. At times these inquiries are motivated by a desire to be prepared for future staffing needs in the event of a retirement, but at others they are driven by a desire to rid the workplace of…
Second Circuit Backs NLRB: Facebook “Like” May Be Protected Concerted Activity Under Section 7 of the NLRA
Section 7 of the National Labor Relations Act guarantees that “employees shall have the right to self-organization, to form, join, or assist labor organizations….and to engage in other concerted activities for the purpose of…..mutual aid or protection….”. The National Labor Relations Board (the “NLRB” or “Board”) has increasingly expanded the…
National Labor Relations Board Continues to Invalidate Arbitration Agreements Containing Class Action Waivers, Backing Federal Court Rulings
In its recent decision in Murphy Oil USA, Inc., the National Labor Relations Board (NLRB) reaffirmed its earlier decision in D.R. Horton, Inc., that requiring employees as a condition of employment to waive their right to bring class, collective or joint actions violate the National Labor Relations Act (NLRA). The…
Examining Harassment Under New Jersey’s Prevention of Domestic Violence Act
Examining Harassment Under the PDVA When does ‘annoying’ or ‘alarming’ behavior warrant protection? Nearly half of the 65,000 domestic violence complaints reported in New Jersey each year are based on claims of “harassment.” Our judicial system expends extensive time and effort, case by case, to determine which of those claims qualify as true domestic…
OSHA Provides Employers with Guidelines on Restroom Access for Transgender Employees
Throughout the years OSHA has promulgated a substantial set of regulations to improve overall health and safety in the workplace, including the requirement that employers provide employees with sexually-segregated sanitary toilet facilities. On June 1, 2015, the Occupational Safety and Health Administration (“OSHA”) issued a best practices guide for employers…
Unfair Labor Practice Charges Dropped By Employees Allegedly Threatened For Social Media Posts
As part of a recent labor contract deal between the nurses’ union and Meridian Health in New Jersey, the union agreed to withdraw an unfair labor practice charge filed with the National Labor Relations Board (“NLRB”) alleging Meridian unlawfully threatened nurses who posted social media messages in support of the…
Employers Who Implement Effective Sexual Harassment Policies Can Avoid Vicarious Liability
In its recent landmark decision in, Ilda Aguas v. State of New Jersey, No. A-35-13 (Feb. 11, 2015), the New Jersey Supreme court broke new ground in the law of sexual harassment with an opinion that can be viewed as a victory for both employers and employees. For employers, the…