Articles

by Bruce L. Harrison, Esq. and Armando V. Riccio, Esq.

The potential risks employers face from unfettered employee use of, or access to, the Internet and other electronic communications was recently expanded by the New Jersey Supreme Court. In Blakey v. Continental Airlines, Inc., et al., the State Supreme Court unanimously determined that an employer may be liable for employee messages posted on an offsite electronic bulletin board which the employer did not maintain, monitor or require employees to use. The broad implications of the decision extend well beyond the latter. Employer liability under the New Jersey Law Against Discrimination for an employee’s offsite conduct will now be judged on a workplace continuity standard: settings which are closely related or linked to the workplace environment and deemed beneficial to the employer will be considered part of the workplace. (more…)

by Patricia L. Dee, Esq.

On August 22, 2000, Judge Politan, JDC issued the first published decision in New Jersey setting forth standards whereby out-of-state companies can determine when maintaining a website in New Jersey generates sufficient contact in this state to allow personal jurisdiction under the law. None of the parties appealed Judge Politan’s decision to the Third Circuit and thus, it remains the preeminent decision in New Jersey on this issue. (more…)

by Robert A. Muccilli, Esq.

In Somerville Board of Education v. Manville Board of Education, the New Jersey Appellate Division recently ruled that separate school districts in which the divorced parents of a student reside share in the responsibility for funding a student’s free and appropriate public education. The Court based its holding on the fact that the parents shared joint physical and legal custody and the student lived with each parent on alternate weeks. (more…)

The American Bankruptcy Institute reported that on March 1, 2001, the House approved H.R. 333, the “Bankruptcy Abuse Prevention and Consumer Protection Act of 2001” by a vote of 306-108. The final vote came after several hours of predictably impassioned debate and consideration of six amendments. (more…)

The American Bankruptcy Institute reported the House on February 28, 2001 overwhelmingly passed legislation (H.R. 256) to extend chapter 12 bankruptcy protection to farmers an additional 11 months beyond its expiration on July 1, 2000. Rep. Nick Smith (R-Mich.) introduced the bill separately from the larger overhaul bankruptcy bill (H.R. 333) in the hope that farmers would have protection before they begin their spring planting. According to the American Bankruptcy Institute, the provision, which passed 408-2, applies to a farmers with debts of less than $1.5 million if 80 percent of the debts arose from the farming operation. The debtor must derive at least 50 percent of gross annual income from farming. (more…)

In a recent New Jersey Appellate Division decision, Maw v. Advanced Clinical Communications, Inc., the court held that a former employee may have a whistleblower cause of action when her employer fired her based upon her refusal to sign a noncompete agreement that did not protect any legitimate interest of her employer. The plaintiff, Maw, was employed as graphic designer for approximately 3½ years when Advanced Clinical Communications (ACCI) presented her with an employment agreement that contained a covenant not to compete. The agreement would have precluded her from working for any competitor or a customer of her employer for a period of two years following her termination of employment. (more…)

by Armando V. Riccio, Esq.

Recently, the New Jersey Supreme Court provided guidance regarding the definition of “upper management” for the purpose of imposing punitive damages against employers in state law discrimination cases. Previously, the Court ruled that a finding of employer liability for punitive damages required two elements: egregious conduct and participation by upper management or willful indifference. Until the Court’s recent decision in Cavuoti v. New Jersey Transit Corp., the definition of “upper management” has remained somewhat elusive. (more…)

by Robert A. Muccilli, Esq.

In a controversial decision, the New Jersey Division on Civil Rights expanded school district exposure to liability for student-on-student harassment. L.W. v. Toms River Regional Schools Board of Education, (OAL Dkt. No.: CRT 8535-01). (more…)

As expected, President Clinton vetoed the Bankruptcy Reform Act of 2000 (H.R. 2415) on December 19th. The American Bankruptcy Institute reported the President asserted that the bill was too hard on ordinary debtors who fall on hard times, while permitting wealthy debtors a loophole through the homestead exemption. (more…)

by Armando V. Riccio, Esq.

A vast array of employee conduct and communications are protected by state and federal laws, including the New Jersey Conscientious Employee Protection Act (“CEPA”). (more…)