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Lead Paint Public Nuisance
December 20, 2019On December 5th, the Senate Environment Committee considered legislation that would up-end public nuisance law in the state of New Jersey. Sponsored by Senator Ruiz, S3974 would eliminate all core public nuisance doctrinal limitations as applied to claims against manufacturers of lead paint. But the doctrinal ramifications would have the potential to extend well beyond. More »
Read More »Misclassification Stalls Admid Continued Widespread Opposition
December 13, 2019The board list for December 16th was released this Wednesday, and at least as of now, S4204 is not on it. It also was not on yesterday’s Assembly Appropriations committee agenda. And while linked pieces of legislation, there are still several substantive differences between S4204 as released from Senate Labor on December 5th, and the More »
Read More »Misclassification Legislation Released From Committee in Wake of Overwhelming Opposition
December 6, 2019S4204, legislation which would amend the ABC test for misclassification in the Unemployment Insurance and Temporary Disability Law, and expand it into NJ Wage and Hour laws was heard for the second time in the Senate Labor Committee yesterday. The Misclassification bill was first heard in November at start of the Lame Duck session, at More »
Read More »Wrongful Death Held in Senate Budget Committee
December 6, 2019S1766, which would expand causes of action in wrongful death cases to include mental anguish and emotional pain and suffering, did not receive a Senate Budget and Appropriations committee vote yesterday. After a two hour delay, NJCJI was told just prior to the committee starting that the bill would not be discussed and would not More »
Read More »Wrongful Death
December 2, 2019ALERT – S1766 – Wrongful Death is up in Senate Budget THIS THURSDAY Legislation scheduled to be heard Thursday, December 5 would expand wrongful death remedies to include intangible emotional components like mental anguish. A recent study demonstrated the expansion would cost the state economy almost a billion dollars, and impose massive new risk and More »
Read More »War on Independent Contractors: UPDATE
November 22, 2019As 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 »
Read More »Independent Contractors
November 15, 2019Update 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 »
Read More »Independent Contractor Alert!
November 8, 2019Legislation that would effectively ban most independent contractor relationships has been introduced by Senate President Sweeney and is scheduled to be considered in Senate Labor Committee next Thursday, November 14. The legislation is modeled on the high-profile legislation recently enacted in California – AB5 – which requires independent contractors to meet an even more restrictive More »
Read More »Arbitration Invalidated Again
November 1, 2019An Appellate Division panel decided Ricciardi v. Abingdon Care Rehabilitation Center. The two-judge panel – Judges Alvarez and Suter – upheld the lower court’s decision to invalidate an arbitration agreement. The court’s decision follows the now-familiar two-step process. It begins with the recitation of language favoring arbitration. The court is “mindful of the strong preference More »
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