Fairness. Justice.
Rule of Law.
Third Circuit Holds that Federal Challenge to Worker Classification is Subject to Younger Abstention
November 5, 2020A recent published opinion from the Third Circuit holds an important lesson for businesses contemplating a federal court challenge to an employee classification dispute with the State of New Jersey: file the federal court complaint before the classification dispute becomes a state administrative proceeding. The New Jersey Department of Labor (DOL) audited PDX, a shipping More »
Read More »Appellate Division Rules Minors Bound by Arbitration
October 29, 2020In a recent unpublished opinion, the New Jersey Appellate Division held that a minor can be bound by an arbitration agreement. Clare v. ACT, Inc. (N.J. App. Div., October 26, 2020). Plaintiff took the ACT college admissions test several times. A dispute arose concerning Plaintiff’s scores. The trial court invalidated ACT’s arbitration clauses on multiple grounds including More »
Read More »……. But Still No COVID Liability Protection
October 29, 2020On March 9, 2020 Governor Murphy issued Executive Order 103 declaring COVID19 a public health emergency. On March 21, 2020 Governor Murphy issued Executive Order 107 directing all New Jerseyans to stay at home. On June 9, 2020 Governor Murphy issued Executive Order 152 lifting the stay at home order. On June 29, 2020 S2628 More »
Read More »NJ Employers: New COVID Mandates…….
October 29, 2020On Wednesday Governor Murphy issued Executive Order 192 which requires employers to take certain measurers related to COVID19. Among the requirements employers must: Ensure that all employees are six feet apart to the maximum extent possible; Require face masks, except when an employee is at their workstation at least six feet from others, or is alone More »
Read More »Lead Paint Pubic Nuisance – Back in Senate Environment
October 15, 2020On Monday October 19, 2020 the Senate Environment Committee will again hear Senate Bill 697, sponsored by Senator Teresa Ruiz (D-Essex), legislation that would dramatically expand public nuisance doctrine. While acknowledging the sponsor’s desire to mitigate the harm of lead paint, NJCJI testified in opposition to the legislation last month since it establishes a dangerous More »
Read More »NJCJI Hosts Webinar on Independent Contractor Rule Proposal
October 15, 2020On Thursday NJCJI hosted a webinar for the business community outlining the US Department of Labor’s proposed regulations which would adopt the economic reality test to determine an individual’s status – independent contractor or employee – under the Fair Labor Standards Act. Currently, there is no clear test to make this determination. In announcing the More »
Read More »Another Day, Another Attack on Arbitration in NJ Legislature
October 9, 2020On Thursday NJCJI testified before the Assembly Higher Education Committee in opposition to A-4407. The bill prohibits students at a public or independent institution of higher education or private career school from receiving any form of student assistance from the state if the institution uses arbitration, “…to resolve any matter….relating to a student’s enrollment prior More »
Read More »Who “Speaks for the Commissioner” when it comes to NJ Wage & Hour enforcement?
October 9, 2020Under New Jersey law, “no employer” may be held liable for “failure to pay minimum wages or overtime compensation” if it did so “in good faith in conformity with a “regulation, order, ruling, approval or interpretation by the Commissioner of the Department of Labor [‘DOL’] or the Director of the Wage and Hour Bureau,” or More »
Read More »USDOL Proposes Clarification of Independent Contractor Test Under FLSA
October 1, 2020Last week the US Department of Labor announced a proposed rule to define independent contractor under the Fair Labor Standards Act. According to USDOL Secretary Gene Scalia, “Part of what’s notable about this proposed rule is simply that we’re doing it. In the more than 80 years since enactment of the Fair Labor Standards Act, More »
Read More »When Does the Governor’s Exercise of Emergency Powers Become a “Taking”?
October 1, 2020As Governor Philip D. Murphy issued Executive Order after Executive Order during the COVID-19 pandemic, restricting where residents can and cannot go, making it unlawful for businesses to open, and imposing expensive mandates on businesses once they were allowed to reopen, many have asked the same question: Are these orders legal? The consistent answer from More »
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