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…
Lindabury assisted an international industrial commodities supplier in all phases of the closure, cleanup and eventual sale of their environmentally contaminated Northern New Jersey industrial property. The property which was first devoted to industrial use in early 1930s, had been in heavy continual use for over 70 years until its…
The New Jersey Appellate Division recently issued a ruling in a minority shareholder oppression case which reinforces the concept that the best way to resolve a minority shareholder oppression case is through settlement. The decision, Wisniewski v. Walsh, et al. (A-2650-13T3), is an unreported case but reaffirms that the finder…
Traditionally, aspiring entrepreneurs looking for easy, low cost access to capital to fund their start-up businesses had limited means. Recently, sites such as Kickstarter and GoFundMe provided a platform, but the most companies could offer in exchange for a cash investment was a first look to the particualr product or…
When employees are required to remain on premises or otherwise be available to the employer during an unpaid meal break, the issue arises whether the meal time is compensable time under the Fair Labor Standards Act (FLSA). Two tests have been developed by the courts of appeal in other jurisdictions,…
In a prior post we discussed the new test adopted by the National Labor Relations Board for determining when two entities can be deemed “joint employers” equally liable for unfair employment practices in violation of the National Labor Relations Act. Now, the Third Circuit Court of Appeals (with jurisdiction over…
On March 1, 2015 most New Jersey employers with 15 or more employees became subject to the requirements of the “The Opportunity To Compete Act” (the “Act”), more commonly known as the “Ban the Box” law that places significant restrictions upon employer inquiries into an applicant or employee’s criminal history.…
A recent decision from the New Jersey Appellate Division serves as a warning to employers that arbitration clauses contained in employee handbooks are likely unenforceable. In C.M. v. Maiden Re Insurance Services, LLC, (“Maiden Re”), the employee filed an action in the New Jersey Superior Court alleging that she was…
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…
A recent New York Times article discussed the increasing national trend of older couples divorcing. In New Jersey, as well as nationally, “Grey Divorces” are becoming more common and, as a result, more socially acceptable. Over the last 15 years there has been a marked increase in the number of individuals…