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

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New Jersey Land Use Law: Is Your Proposed Use Permitted?

Are you planning on starting or relocating a business? As part of your planning process you need to do a careful analysis of the local zoning ordinances governing your proposed location. The threshold question is whether the proposed use is permitted in the zone in which the property is located.…

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OSHA: Additional Reporting Requirements On Employers

On May 11, OSHA promulgated a new regulation imposing additional reporting requirements on employers. All non-exempted employers are already require to report information on work related illnesses and injuries to OSHA on paper forms, however, the new rule requires that certain submissions now be made electronically. The newly promulgated regulation…

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DOL Issues Final Rules That Significantly Restrict The White Collar Exemptions To The FLSA’s Overtime Requirements

The federal Fair Labor Standards Act (FLSA) mandates that employees be paid one and one-half times their standard hourly rate of pay for all hours worked in excess of 40 hours in a given workweek. There are several exceptions to that overtime requirement, including an exemption for “white collar workers”…

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Relocating Out of State With Children After Divorce

Over the years there have been evolving standards used in judicial determinations as to what grounds will be sufficient to permit a parent to relocate out-of-state with their child. Presently, New Jersey has two different standards to apply when these types of matters come before the court. A determination first…

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Employer’s Defense To Disability Discrimination Claim Doomed By Its Own Job Descriptions: Is It Time To Review And Update Your Job Descriptions?

In light a recent decision of the New Jersey Superior Court, Appellate Division, in Sheridan v. Egg Harbor Township Board of Education, it certainly is. The Facts: Barbara Sheridan, an obese individual, was employed for eight years as a custodian by Egg Harbor Township Board of Education (the “Board”). After…

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New Jersey Appellate Court Clarifies Employers’ Limitations in Demanding Fitness-For-Duty Exams From Employees

In a recent published decision, the New Jersey Appellate Division clarified the circumstances under which an employer’s directive that an employee submit to a psychological for fitness-for-duty examination serves a “legitimate, job-related business purpose” as required under the Americans With Disabilities Act (ADA) and the EEOC’s Enforcement. The case, In…

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New Jersey Appellate Division Clarifies Law on the Liability of Property Owners Whose Vegetation Encroaches on the Neighbor’s Property

Recently, the New Jersey Appellate Division, in the case of Scannavino v. Walsh (Docket No. A-0033-14T1), issued a fourteen page Opinion (Approved for Publication on April 14, 2016), setting forth the law on the liability of property owners whose trees/vegetation encroaches on the neighbor’s property.  In that case, plaintiff alleged…

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Funding Your Child’s College Education After Divorce

Each spring thousands of New Jersey high school seniors undergo the process of applying to colleges and universities to continue their education. The cost of college tuition, room and board and related expenses can be exorbitant. While the financial strain of funding a child’s higher education to intact families is…

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EPA Proposes Changes to Accident Prevention and Risk Management Plans

The United States Environmental Protection Agency has proposed new changes to the requirements for the accident prevention programs and risk management plans under Section 112 of the Clean Air Act as a result of a review initiated in response to Executive Order 13650.  One of the targets of Section 112…

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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…