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New Jersey Employment, Business & Aviation Law Blog

Some Year-End Employment Law Thoughts for NJ

Posted by Frank Steinberg | Dec 28, 2016 | 0 Comments

There are two business days left until we hit 2017, so this is a good time for a handful of parting thoughts on the employment law landscape, plus some suggestions on how to hit the ground running in the New Year. 2016 saw significant developments and refinements in many areas of employment law. ...

Unemployment Theft Punished by 7 Years

Posted by Frank Steinberg | Dec 02, 2016 | 0 Comments

The question: how did she get away with it for so long?  The woman in question used 24 false identities to collect $345,000 in fraudulent unemployment benefits.  Story here. It seems like crime paid in this case, at least for a while. The final lesson, however, is that claiming unemployment benef...

And Exactly How . . . .?

Posted by Frank Steinberg | Nov 28, 2016 | 0 Comments

A trial judge once told me, with some frustration, that appellate judges (not on the NJ Supreme Court, I hasten to add) sometimes do not appreciate the practical difficulties with which their rulings present the trial courts that must implement them. That complaint came back to me when I read the...

A Sampler of Federal Employment Law Developments

Posted by Frank Steinberg | Oct 28, 2016 | 0 Comments

As we have pointed out before, New Jersey's employment laws are structured in a way that makes it desirable, nearly all of the time, for plaintiffs to file their cases in state court under state law. In that way we differ from many other states, where federal law is used more frequently.  That do...

Business Dreams Must Be Made to Happen

Posted by Frank Steinberg | Oct 18, 2016 | 0 Comments

If you're a reader of the thriller genre of novels you'll recognize Brad Thor as one of our very best contemporary writers.  My son just sent me this article by Mr. Thor on his advice for aspiring writers. His thoughts apply to to all of us, not just writers, whether just starting out in business...

Be Careful in Drafting Non-Compete Agreements

Posted by Frank Steinberg | Oct 13, 2016 | 0 Comments

It's been a while since we've posted anything on non-compete agreements.  Here's an interesting situation from Illinois in which an employer wishes that it had been more careful in writing down the details of a severance agreement.  The case is Reed v. Getco, LLC, decided September 30, 2016. In r...

NJ Troopers Start Using Body Cameras

Posted by Frank Steinberg | Oct 04, 2016 | 0 Comments

This is off-topic and offered without comment, but it's something that everyone in NJ should know about.  NJ State Troopers are starting to wear body cameras.  Here's the story from the New Jersey Public Safety Officers Law Blog. 

Morristown NJ Requires Paid Sick Leave

Posted by Frank Steinberg | Sep 30, 2016 | 0 Comments

My “hometown” of Morristown NJ has jumped on the bandwagon of NJ municipalities that require by ordinance that private sector employers provide employees with paid sick leave.  (I put hometown in scare quotes because during my high school through law school years I lived in an adjoining town but ...

Are CEO’s Disproportionately Psychopathic???

Posted by Frank Steinberg | Sep 26, 2016 | 0 Comments

That's what a recent study suggests, as reported here.  CEO's apparently are not only psychopathic, but the most psychopathic of business people.  Followed immediately by lawyers.  Of course. Surgeons finish in 5th place, but “doctors” are among the least likely occupations to attract psychopaths...

Don’t Forget Impending Federal OT Rule Changes

Posted by Frank Steinberg | Sep 22, 2016 | 0 Comments

December 1, 2016 is a little more than two months away.  That's the date when long-awaited changes to federal overtime rules will take effect.  Businesses need to be prepared. The Department of Labor's press release summarizes the changes. The new Rule is aimed primarily on the standards under wh...

The Uncertain Art of Valuing Cases

Posted by Frank Steinberg | Sep 20, 2016 | 0 Comments

We just saw this report from the San Antonio Employment Law Blog, explaining how Target had the opportunity to settle a personal injury case brought by a customer for $12,000, but apparently would not budge off its offer of $750.  We infer that the low-ball offer (and this was a low-ball offer ev...

The Responsibility of Labor Day

Posted by Frank Steinberg | Sep 01, 2016 | 0 Comments

Monday marks Labor Day 2016.  For those of us who work to sometimes untangle but always preserve the legal rights of employers and employees alike, it's a day to reflect on what we've accomplished.  Equally, it's a day to ponder what will newly arise or is yet to be accomplished, because long exp...

SEC Has Its Say About Severance Agreements

Posted by Frank Steinberg | Aug 23, 2016 | 0 Comments

Through two recent Orders the Securities & Exchange Commission has gotten in on the act of narrowing the protections that employers can build into the release contained in a severance agreement.  The SEC has announced its intention to fight efforts of companies subject to its jurisdiction to limi...

Pay for Play? Not Under the FLSA!

Posted by Frank Steinberg | Feb 17, 2016 | 0 Comments

Late yesterday the UNited States District Court for the Southern District of Indiana dismissed the claims of collegiate student-athletes who sought to be paid for their athletic activities on the theory that they are employees of the university.  Here's the full opinion in Berger v NCAA, Docket N...

Handbook Arbitration Provisions Take Another Hit

Posted by Frank Steinberg | Nov 30, 2015 | 0 Comments

For the second time time the last two months an employment dispute arbitration provision has been invalidated because it was contained in an expressly non-contractual employee handbook.  The first was from New Jersey, as we posted at the time. Now, in Lorenzo v. Prime Communications, the US Court...

How Not to Hire a Lawyer

Posted by Frank Steinberg | Nov 06, 2015 | 0 Comments

This article on “Those Stupid Superlative Lawyer Lists” warmed the cockles of my little heart on this gray Friday morning in suburban central New Jersey.  It's a subject about which I have ranted a bit at cocktail parties.  Read the article, which is written from the perspective of a legal market...

Is a Company Like a Family?

Posted by Frank Steinberg | Oct 27, 2015 | 0 Comments

Do employers and employees lie to each other about their relationship?  According to this article from The Independent, Reid Hoffman, co-founder of LinkedIn, thinks so.  The problem?  Employers want to be able to ditch employees at any time while saying that their company is a “family,” and emplo...

Settling FLSA Cases Just Got a Little Harder

Posted by Frank Steinberg | Aug 28, 2015 | 0 Comments

Most cases, when they settle, contain a provision that the plaintiff's complaint will be dismissed “with prejudice.”  “With prejudice” is legal shorthand for saying that those claims can never be raised again. Once they're gone, they're gone for good.  Why defendants want this is understandable. ...

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