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Fairness. Justice.
Rule of Law.

Category: Issues

Strong Class Certification Decision from NJ Appellate Division
March 6, 2020

The New Jersey Appellate Division has issued a strong published decision in the case of Ellen Baskin v. P.C. Richard & Son, LLC.  The opinion by Judge Firko, sitting with Judges Yannotti and Hoffman, clarified and strengthened “superiority” and “predominance” requirements for class certification – affirming the trial court’s order finding plaintiffs had failed to More »

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What exactly is the problem with S863?
February 21, 2020

Do you understand what S863 would do?  Have legislators tried to reassure you that the legislation would just “codify existing regulations”?  Suggested that anyone with a problem under S863 is already out of compliance with the law? You are right to be concerned.  The proposed legislation would codify a disputed agency Interpretation of the existing More »

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War on Independent Contractors: UPDATE
November 22, 2019

As you know, Senate Bill 4204, legislation that effectively prohibits the use of independent contractors in New Jersey, was released from the Senate Labor committee last Thursday, November 14th.  The legislation was released with a few modest amendments, exempting accountants, as well as realtors and insurance agents, with caveats. On Monday, November 18th, the legislation More »

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Independent Contractors
November 15, 2019

Update on S4204 Independent Contractor Legislation: Yesterday the Senate Labor Committee released Senate Bill 4204, legislation that effectively prohibits the use of independent contractors in New Jersey. The bill is sponsored by Senate President Steve Sweeney. NJCJI testified against the legislation, arguing that the independent contractor model not only serves an important economic function, it More »

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Does Atalese Apply to All Contracts? Appellate Courts at Odds.
September 27, 2019

Contributed by: Shalom D. Stone, Managing Partner at Stone Conroy LLC in Florham Park. Please email Shalom Stone or Alida Kass if you would like more information. Five years ago this week, the Supreme Court of New Jersey held in Atalese that arbitration agreements ­— or at least some arbitration agreements — are unenforceable unless More »

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New Jersey’s War on Independent Contractors: Criminal and Civil Penalties for Independent Contractor Misclassification Signed into Law
September 12, 2019

Legislation targeting independent contractors has been signed into law by Governor Phil Murphy.  Although sold as legislation addressing “wage theft”- simplefailure to pay agreed-upon lawful wages – the legislation was designed to deter the use of independent contractors.  This legislation criminalizes misclassification and other wage and hour violations – 3-5 years in jail – including good More »

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Orientale vs. Jennnings
May 1, 2019

Orientale vs. Jennnings The Supreme Court heard oral argument in Orientale v. Jennings on April 24, 2019 – a case that could lead to new rules regarding remittitur and additur.  The New Jersey Civil Justice Institute (as well as several other organizations) submitted an amicus curiae brief addressing specific issues raised by the Court. One More »

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Arbitration
April 22, 2019

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Wage & Hour Coalition
April 12, 2019

Wage Hour Fairness Coalition Letter

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A2903 Memo – Interested Parties
April 9, 2019

A2903 Memo – Interested Parties

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