COVID-19: What Can An Employer Do?
As many businesses are temporarily shutting down due to Governor Murphy’s closure order here in New Jersey, what can those other employers do who remain open to help safeguard against COVID-19 infestation of its workplace. Well, the answer might surprise you thanks to a recent guidanc...
Hemp in New Jersey – It’s Legal!
Now removed from the 2018 Farm Bill’s federal controlled substances list, beginning this year (2020) hemp can be treated like any other agricultural commodity in New Jersey. The Garden State is one of the first three states to have its hemp program approved by the United States Depart...
Plaintiff’s Failure to Serve Correct Public Entity with Tort Claims Act Notice Barred Personal Injury Claim
Plaintiff Geoffrey Jones was injured on October 13, 2016 when he stepped into hole next to a storm grate on a street in Jersey City. On November 1, 2016, he served a notice of tort claim upon Jersey City, Hudson County, and the State of New Jersey. In Jones v. City of Jersey City and...
Be Warned About NJ WARN
Employers already know that, anytime a mass layoff or plant closing is contemplated, there are significant federal and New Jersey state law notice requirements. This past January, 2020, Governor Murphy signed into law a radical legislative amendment to the New Jersey WARN Law (known o...
Plaintiff’s Written Injury Report of Pothole on City’s 311 Online Reporting System Found to be in Substantial Compliance of Tort Claims Act Notice Requirement
Plaintiff Eileen Martinez fell into a pothole on a Hoboken street on March 20, 2018, injuring her foot. On that same date, she messaged the City’s 311 online reporting system, identifying herself by her username and notified the City of the time, location, cause, nature and extent of...
Pregnancy Discrimination Explained
In a recent New Jersey Appellate Division case, Delanoy v. Township of Ocean, No. A-2899-17T4 (App. Div. January 3, 2020), our state appellate court issued a significant new decision that explains what an employer’s legal obligations are to eliminate discrimination against (and provid...
Neither Township, nor County Found Liable for Fatal Pedestrian Accident Due to Plaintiff’s Failure to Prove Roadway in a Dangerous Condition
Plaintiff’s Decedent Amelia Cius was crossing the roadway at 9:30 pm when she was fatally struck by a car on Whitehorse-Mercerville Road. The driver of the car explained that he did not see the decedent because she was wearing dark clothing. She was not in the crosswalk while crossing...
New Jersey Bans Hair Discrimination
On December 19, 2019, New Jersey Governor Phil Murphy signed into law a bill which now makes it illegal to discriminate based upon hairstyles associated with race. The law, known as the “Create a Respectful and Open Workplace for Natural Hair Act” or “CROWN” for short, amends the New...
Recent Appellate Division Opinion Regarding Spoliation Claim
The Appellate Division on November 27, 2019 rendered an unpublished Opinion on the issue of alleged spoliation of evidence. The matter is Promise v. Khubani Enterprises, Inc., 2019 WL 6353644 (App. Div. Nov. 27, 2019). In July of 2014, Plaintiff Betty Promise was reportedly seated...
Appellate Division Holds Property Owner Who Did Not Create Alleged Sidewalk Defect Entitled To Summary Judgment
In Claro v. 323 Firehouse, LLC, 2019 NY Slip Op 07970 (3d Dept 2019), the Plaintiff allegedly injured her left shoulder when she tripped and fell on a raised concrete sidewalk slab. At the time of the accident, she was walking towards a diner that was owned by one of the defendants....
A Property Owner Is Absolved Of Liability For Fire Damage To A Neighbor’s Property Caused By A Criminal Arson
In Wakil v. Birdie Properties, LLC, No. 2018-C-1674 (Lehigh County September 11, 2019), the Court of Common Pleas of Lehigh County recently granted a defendant’s motion for summary judgment in a case involving purported arson and subsequent fire damage. Plaintiff alleged that his pro...
Municipality Found Not Liable For Pedestrian Accident Due To Tort Claims Act Sign Immunity
Plaintiff, Alexander Ferris, at age 13 was injured when struck by a car driven by defendant Aida Blanco-Alquacil as he crossed the road in the crosswalk at an intersection in the Borough of Middlesex. His parents filed a lawsuit, alleging negligence by the defendant driver, as well a...
New Jersey Workers' Compensation Manual
John H. Geaney, Esq. publishes a yearly manual aimed on providing practitioners, adjusters and employers with key information on Workers’ Compensation in the State of New Jersey.