As COVID-19 infection numbers continue to surge, the CDC released updated guidelines addressing the changing understanding of the Omicron variant. In a media statement issued on December 27, 2021, the CDC noted that the majority of COVID-19 transmissions happen earlier in the illness, typically prior to symptoms and two to…
Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events
The Impact of Divorce on Estate Planning and Wealth Management
Births, deaths, marriages and divorces reshape the definition of “family” for individuals on a constant basis. It’s no wonder, then, that family law and estate planning often go hand in hand. Estate planners and divorce attorneys alike are often presented with “what if” questions that span both areas of law.…
OSHA’s Vaccination or Testing Mandate for Large Employers is Back On… For Now
Shortly after OSHA issued its Emergency Temporary Standard (ETS) mandating vaccination or weekly testing for employers of 100 or more, legal challenges in the federal district courts stalled the implementation of the deadlines for compliance. On December 17, 2021, the Sixth Circuit Court of Appeals – the court designated to…
What Does the Divorce Process Look Like in New Jersey?
While divorce looks different for every client – some saddened, some shocked, some happy to move on – a common emotion surrounding divorce is nervousness. For many, divorce may be the first time a person has prolonged involvement with the Court system. Understanding the Court System’s divorce process can help…
Thinking About Filing For Divorce? Prepare in Advance to Make a Difficult Life Change Easier
Divorce inevitably results in a major life transition for all parties involved. Whether or not both spouses wish to end their marriage, divorce presents changes in family structure, time spent with children and financial resources. During a divorce, decisions need to be made about the most precious and important aspects…
When Will I Get My Day In Court?
While the pandemic continues to impact individuals and businesses, efforts to bring a sense normalcy back to daily life are apparent across the state. One such effort is the reopening of New Jersey Courts. While this is happening, the reopening is occurring slowly. Back in June, 2020 a three phase…
Is My Employee Arbitration Agreement Enforceable?
Yet again, New Jersey’s appellate court has demonstrated its reluctance to enforce agreements to arbitrate signed as part of a new employee’s orientation. In a previous post we discussed a ruling from the Appellate Division demonstrating the risk of having employees execute arbitration agreements during an orientation process. The court…
New York Significantly Expands Protections for Workplace Whistleblowers
New York has long lagged behind New Jersey in according protection to employees who blow the whistle on unlawful or unsafe conditions in the workplace. Unlike its sister state, New York employees had a higher bar for achieving protected whistleblower status under section 740 of the New York Labor Law…
The 5th Circuit and OSHA Put the Brakes on OSHA’s Emergency Temporary Standard
No sooner did OSHA issue its Emergency Temporary Standard (ETS) on November 4, 2021, to implement mandatory vaccination or testing programs for large employers, it was challenged in 11 of the 12 United States Courts of Appeals as an unconstitutional overreach by the agency. Last Friday the 5th Circuit Court…
Commercial Leases and Flood Zones: The Hidden Notice Requirement
On September 1, 2021, the remnants of Hurricane Ida struck New Jersey. Heavy rain and flooding ensued throughout the area, with many homes and businesses suffering significant damage as a result. Tenants of rental properties were particularly affected, as many were unaware their leased premises were located in a flood…