Will the New Jersey WARN amendments go into effect on April 10, 2023?
By Reema Chandnani, Esq. As we have previously reported, the amendments to the to the Millville Dallas Airmotive Plant Job Loss Notification (the “Act”) are set to go into effect on April 10, 2023. These amendments will significantly impact companies during periods of mass layoffs, plant closings and/or transfers of operations. In relevant part, if […]
Save the Date: California Court Finds Material Breach of Arbitration Agreement For Late Payment of Fees
By Carol Shieh, Esq. California Code of Civil Procedures section 1281.97 states that if an arbitration agreement requires the drafting party to pay certain arbitration fees and costs, the arbitration initiation fees and costs must be paid within 30 days after the due date, or else the party will be deemed to have materially breached […]
The New York Division of Human Rights Announces It Will Discontinue Private Settlements
By Jean Schroll, Esq. On October 1, 2021, the New York State Division of Human Rights (the “Division”) announced that, for all complaints filed on or after October 12, 2021, it will no longer issue Commissioner’s Orders discontinuing complaints after private settlement. This is a significant change because, as the Division notes, “nearly half of […]
Quiet! Remote Deposition in Progress – A Lesson Learned to Protect Against Misconduct During Remote Depositions
By Kegan Andeskie, Esq. To say the least, the last year and a half has posed some unique challenges for litigators, but we have done our best to adapt to practicing in a largely virtual environment. Commiserating about the logistical and technological issues associated with virtual depositions is now commonplace, but in one U.S. District […]
Third Circuit Holds “Comparable” Paid Leave Available to Servicemembers As A Right And Benefit Pursuant to USERRA
By Kristine Ryan, Esq. The Uniform Services Employment and Reemployment Rights Act of 1994 (“USERRA”), one of several statutes benefitting veterans, prohibits civilian employers from discriminating against employees because of their military status. USERRA does not require an employer to offer paid military leave of absence. However, in a recent precedential decision, the Third Circuit […]
What is Garden Variety Emotional Distress Anyway? Understanding When a Plaintiff Places His or Her Physical or Mental Health at Issue in the Context of an Employment Litigation.
By Kegan Andeskie, Esq. It is generally accepted that a plaintiff who files a lawsuit places his or her mental and physical health in controversy by claiming emotional distress or physical damages, but at what point can a court require that litigant to produce or authorize the release of otherwise confidential medical records, or submit […]
NJ HIGH COURT CONFIRMS THE IMPORTANCE OF IDENTIFYING THE SPECIFIC CEPA PROVISION(S) UPON WHICH AN EMPLOYEE RELIES DURING THE COURSE OF LITIGATION.
By Punam Alam, Esq., June 3, 2021 In a split opinion, the New Jersey Supreme Court ruled on May 21, 2021 that the trial court must re-evaluate an employee’s whistleblower claim because the plaintiff-employee did not articulate which statutory provision of CEPA she was relying on in summary judgment proceedings before the trial court. The case […]
Over 2,000 COVID-19 Related Lawsuits Filed in United States
Earlier this month, it was reported that the total number of COVID-19 related employment complaints filed in United States courts passed the 2,000 mark. In fact, December 2020 through March 2021 have realized the most activity since the beginning of the pandemic. States with the greatest number of complaints filed are California (487), New Jersey […]
OH SNAP! PART 2 – THE DISTRICT COURT OF NEW JERSEY RECONSIDERS SNAP REMOVAL IN ACTION BETWEEN NON-DIVERSE DEFENDANTS
By Allison Vogel, Esq., April 20, 2021 It is well-settled that a defendant may not remove a case to federal court based upon diversity jurisdiction under 28 U.S.C. § 1332 if the action includes a non-diverse defendant or the defendant is a resident of the state where the action was filed. In Encompass Ins. Co. […]
New Jersey Appellate Court Holds That Failing To Identify The Proper Arbitration Forum In An Arbitration Agreement Does Not Put Employers In A JAM(S) As To Its Enforcement
By Ryan Carlson, Esq., April 15, 2021 Most arbitration agreements identify the specific arbitration forum where an employee must bring a dispute. The Judicial Mediation and Arbitration Services (JAMS) and the American Arbitration Association (AAA) are household names when it comes to arbitration and the two most common forums employers identify to hear disputes arising […]