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Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events

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SCOTUS Decision Makes it Easier for Employees of a Majority Group to Prove “Reverse Discrimination”

On June 5, 2025, the United States Supreme Court in Ames v. Ohio Department of Youth Services unanimously held that plaintiffs from majority demographic groups do not have to satisfy a heightened burden to prove discrimination under Title VII. Although lower courts were split on the issue, the Court’s decision…

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Proposed Regulations for Classification of Independent Contractors May Prove to be Problematic for Employers

On April 3rd, 2025, the New Jersey Department of Labor and Workforce Development proposed new rules, which are designed to clarify the application of the “ABC test.” The ABC test is a legal standard used to determine whether a worker is an independent contractor or an employee for purposes of…

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New Jersey’s Pay Transparency Act Becomes Effective June 1st, 2025

On June 1st, 2025, New Jersey’s Pay Transparency Act (the “Act”) goes into effect, requiring New Jersey employers to identify certain wage or salary information in both internal and external job postings. The Act is another effort in a series of steps taken by the state of New Jersey to…

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The Supreme Court Establishes Plaintiff-Friendly Pleading Standards Regarding ERISA Prohibited Transaction Claims

On April 17th, 2025, the United States Supreme Court issued a unanimous opinion in Cunningham v. Cornell University establishing a plaintiff-friendly pleading standard applicable to prohibited transaction claims under the Employee Retirement Income Security Act (“ERISA”). The Court’s holding makes it significantly easier for plaintiffs to defeat early-stage motions to…

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Key Trends in New Jersey Corporate Law 2025

Businesses with operations in New Jersey face new legal requirements that affect how they manage hiring, taxes, data privacy, and investment strategy. This update outlines recent legislative and regulatory changes that impose new obligations and potential risks for employers, corporate taxpayers, and companies engaged in digital commerce or AI development.…

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The New Jersey Supreme Court Rules: Commissions are Wages

On March 17, 2025, the New Jersey Supreme Court issued a unanimous decision finding that commissions are wages under the New Jersey Wage Payment Law (“WPL”) because they are “direct monetary compensation for labor or services rendered by an employee.” There are no exceptions – compensating an employee by paying…

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The New Jersey Data Protection Act is in Effect

On January 16, 2025, New Jersey’s Data Protection Act (“NJDPA” or the “Act”) went into effect, making New Jersey the nineteenth state to adopt a comprehensive data privacy law. The opportunity to cure any defects under the law will sunset on July 1, 2026. Therefore, it is critical that covered…

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New Jersey Employment Law: What to Expect in 2025

As we are already a few weeks into the new year, now is a good time for employers to review their employee handbooks and policies to ensure compliance with the following changes in New Jersey employment law or best practices. The Pay Transparency Act Effective June 1, 2025, New Jersey…

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Umbrella Liability Insurance

Clients often ask about ways to protect their assets and limit liability in the event of future creditors. Transferring assets to trusts, limited liability companies, or into the names of others (for example, a spouse or child) may work in some instances but all have their drawbacks. Some states allow…

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Charitable Residuary Beneficiaries Under a Will

For many, designating a portion of one’s estate to charities and charitable purposes is an essential and significant part of their Last Will and Testament. Those seeking to make contributions to causes and organizations they are passionate about should be wary of the costs entailed in how such contributions are…