Monthly Archives: October 2011

Owner Of Restaurant Who Left Home Earlier Than Usual For Meeting Was Not Covered In Accident On Way To Work

Since the legislative change in 1979 to substitute a premises rule for the going-and-coming rule, there have been many attempts to expand the “special mission” exception. The general rule is that only injuries on employer-owned or maintained premises are covered. One big exception involves injuries that emanate from the performance of special missions. That latest […]

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Form 0-71 Allows Beneficiaries Access To 100% Of Insurance Proceeds

by Tara H. Zane, Esq. The New Jersey Division of Taxation has released a draft Form 0-71, the transfer inheritance and estate tax form that insurance companies must now use for reporting insurance proceeds that are paid as a result of a decedent’s death. In 2002, New Jersey revised its estate tax for the estates […]

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Districts May Not Purchase Land Without Voter Approval

by Kim C. Belin, Esq. In a case that will cause school districts to reconsider their long-range facilities planning, the Commissioner of Education (“Commissioner”) ruled that boards of education must obtain voter approval prior to purchasing land, even if the board does not borrow money for the purchase. The Commissioner based his decision on the […]

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Company Manager Did Not Violate ADA’s Confidentiality Provisions In Telling Prospective Employer About Former Employee’s Health Condition

Company Manager Did Not Violate ADA’s Confidentiality Provisions In Telling Prospective Employer About Former Employee’s Health Condition Sometimes the cases with the most simple fact patterns make the best ones to understand bright lines in the law. The case of EEOC v. Thrivent Financial for Lutherans, 2011 U.S.Dist. LEXI S 64042 (D. Wisc. 2011) provides […]

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Calling In “Sick” Is Not Enough To Invoke The FMLA

Calling In “Sick” Is Not Enough To Invoke The FMLA Employers are somewhat behind the eight ball in the FMLA because the employee need not specifically invoke the “FMLA” in order to obtain protection under the law. Nor does the employee have to give detailed information about health; rather, the employer has to consider whether […]

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