Bob Anderson, co-chair of Lindabury’s Cybersecurity and Data Privacy practice group, was recently interviewed by Karen Talley of FierceCEO, a publication that is considered a must-read source for running a business. Bob reports to Ms. Talley that “there is a tendency for businesses to not put the emphasis on employees,…
Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events
How Should an Employer Conduct an Internal Investigation into Allegations of Harassment?
Both New Jersey and the Federal government have established laws prohibiting workplace harassment in any form including discrimination that is based on a person’s race, color, religion, sex (including gender identity and pregnancy), national origin, age, disability, genetic information, sexual orientation, or marital status. In addition, these laws prohibit retaliation…
Transferring a Liquor License in New Jersey – “33” License
Liquor licenses are state-issued licenses that enable your business to legally sell alcohol. The laws around liquor licenses vary by state and New Jersey has some of the most restrictive liquor license laws in the nation (along with being some of the most expensive). In New Jersey, the Division of…
What Are Employers Prohibited From Asking During the Hiring Process?
Employers must give careful consideration to questions asked during the hiring process. While most employers are aware that they cannot ask questions that directly relate to a prospective employee’s protected status (age, gender, religion, national origin, disability, etc.), employers also need to be mindful to exercise care when inquiring into…
Under what Circumstances is it Appropriate to Seek Injunctive Relief?
An employer may find itself in a position where, without immediate relief, it may suffer a loss that cannot be made whole by monetary damages alone. For example, a party may feel that a breach of contract or impending breach of contract requires immediate action to protect its interests and…
Thinking About Getting Re-Married? You Might Want To Roll Over What’s In Your 401(k)
Nearly all 401(k) plans are governed by the Employment Retirement Act of 1979 (“ERISA”). ERISA regulates pension, health & welfare, and other employee benefits including 401(k) programs. Under ERISA, if owner of an ERISA-governed 401(k) plan dies, their surviving spouse is automatically entitled to 401(k) benefits at the time death,…
What To Do When You Are Served With A Complaint For Divorce in New Jersey
Regardless of whether you are the spouse who initiated divorce proceedings by filing a complaint with the Court or whether you are the spouse who has just received the divorce complaint, you may be dealing with a range of emotions and unclear as to what steps you should take next.…
Terminating an Employee: How Do I Deliver the Message?
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;…
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,…