Court Rules That County Not Vicariously Liable for the Alleged Negligent Acts of Its Independent Contractor
Third Circuit Upholds 22 Million Dollar Wage and Hour Jury Verdict
Work-Related Knee Injury Can Constitute a Disability Under ADA
Plaintiff’s Personal Injury Claim Against NJ Transit Barred Due to Her Failure to Timely File a Notice of Tort Claim
Federal Appeals Court Affirms Ruling That Recreational Marijuana User Had No Legal Remedy Under NJ CREAMMA Law for Failure to Be Hired
MSA: To Submit or Not To Submit
Court Dismisses Plaintiff’s Personal Injury Claim Caused by Fall in Pothole Located in Crosswalk
New Year’s Resolutions Every Workplace Should Implement in 2025
Appellate Court Rules Employers Can Rebut COVID Presumptions Even if Judge Initially Finds Claimant is an Essential Employee
Plaintiff Unable to Establish That Stone Filler in Front of Township Recycling Box Car Constituted a Dangerous Condition
Enforcement of USDOL Overtime Rule Enjoined by Texas Federal Court
State Found Immune From Liability for Auto Accident Based Upon Tort Claims Act Immunities
6 New Year’s Resolutions for Your Workplace in 2025
Enforcement of FTC Non-Compete Rule Enjoined Nationwide
Acting Governor Signs Legislation Increasing Counsel Fees to 25% in Workers’ Compensation Cases
Appellate Division Rules That Department of Transportation and State of New Jersey Were Not Liable for Injury Caused by Pothole
An Update on FTC Non-Compete Rule
Federal Court Rejects Intentional Harm Burn Case Filed Against Auto Repair Shop and Holds Only Remedy Lies in Workers’ Compensation Court
The Impact on Governmental Entities: Governor Murphy Amends OPRA
Do you Administer Your FLA Correctly
Court Finds Petitioner Cannot Prove Work-Related Need for Breast Reconstruction Surgery
Police Officer Found to Be Immune From Liability for an Accident Caused by High Speed Chase
New Jersey Supreme Court Restricts Use of Employee Non-Disparagement Agreements
Paying It Twice
Public Entities Are Not Immune From Frivolous Sanction Litigation
USDOL Issues Final Overtime Rule
A Brief History of the New Jersey Workers’ Compensation Act
Appellate Division Reverses Dismissal of Plaintiff’s Complaint and Remands Matter for Evidentiary Hearing on the Issues of Charitable Immunity
Is Your Company Ready for an NJDOL Audit?
Appellate Division Rules That Claimants in Certain Circumstances Do Not Have to Reimburse an Employer’s Lien From a Third Party Recovery Until the End of the Workers’ Compensation Case
Court Permits Plaintiff to File Late Notice of Tort Claim
The NLRB Does It Again
Day in the Life Video Excluded at Trial
New Federal Independent Contractor Rule
Private Sector EMTs & Paramedics Are Now Covered Under New Legislation Signed by New Jersey Governor Creating a High Rebuttable Presumption in Favor of Compensability of Strokes or Heart Attacks
No Liability Found for Jersey City for Injury Caused by Trip and Fall on Uneven Pavement
Yes, Virginia, Non-Compete Agreements are Still Enforceable in New Jersey
Appellate Division Holds Employee Who Worked and Attended School is Eligible for Temporary Disability Benefits After Unemployment Benefits Terminated
Plaintiff’s Loss of Balance May Satisfy the Permanency Requirement of the Tort Claims Act
6 New Year’s Resolutions for Your Workplace in 2024
Medical Provider Cannot Sue Workers’ Comp Carrier for Breach of Contract to Get Around New Jersey’s Exclusive Remedy for Medical Disputes
Court Finds That Minor’s Left Elbow Fracture May Meet Permanency Requirement of Tort Claims Act
Employer Social Media Searches-Beware Of What You Wish For!
Worker Who Became Unconscious While Working Could Not Prove Subsequent Physical Injuries Were Work Related
Newark Police Officers Immune from Tort Liability for Injuries that Occurred During a Vehicle Pursuit
New Proposed Regulations for New Jersey’s Temporary Workers’ Bill of Rights Law
Superior Court Upholds Tort Claims Act Protections for Failure to Warn of a Dangerous Condition
USDOL Issues Proposed New Overtime Rules
Governor Signs Bill Raising Fees of Evaluating Physicians for Claimants
Court Finds Plaintiffs Presented Extraordinary Circumstances Sufficient to Permit Filing of a Late Notice of Tort Claim
What Can Employers Do About Employee Marijuana Use?
Should Employers Pay for Both Lawyers in the Workers’ Compensation Case?
Municipal Parking Authority Found to Be Immune From Tort Liability for Claim Resulting From Its Snow Removal Activities
New Pregnant Workers Fairness Act Goes Into Effect This Week
Recording and Taping IMEs in New Jersey Workers’ Compensation
Township Found to Have No Liability for Injury Caused by Trip Over Pothole in Shoulder of Road
Federal Judge Rules Recreational Marijuana User Has No Legal Remedy Under NJ CREAMMA Law for Failing to Be Hired
A Practitioner’s Guide to Benefits Provided Under New Jersey Workers’ Compensation
No Denial of Access Under OPRA Where Request Submitted to Incorrect Entity
Beware of Retaliation: The Green-Eyed Monster
Supreme Court Finds Non-Waivable Duty on the Part of Insurance Brokers to Provide Notice of Available Coverage for LLC Members
Settlement Reached at Mediation Deemed Unenforceable Due to Parties Failure to Sign Written Agreement
The ADA and Testers?
Joint Insurance Fund’s Self-Insurance Found Not To Trigger Other Insurance Clause
Vacations on FMLA?
Supreme Court Decision Provides Overview of NJ Insurance Fraud Prevention Act and the NJ Workers’ Compensation Fraud Act
Failure to Provide Notice of Claim Form to Plaintiff’s Counsel Insufficient to Justify Filing a Late Notice of Tort Claim
FTC Proposed Rule Would Ban Virtually All Non-Compete Restriction
Appellate Division Reverses Award of 20% Counsel Fee on Order for Medical and Temporary Disability Benefits and Permanency Benefits
Municipality Found Not Liable for Injury Caused by Trip Over Raised Boardwalk Board
Does Anybody Really Know What “Travel” Time Is… And Does Anyone Really Care?
Explosion in Employee’s Personal Vehicle Held Compensable Based on Special Mission
Bid for Public Contract Deemed Compliant When Post Office Box Address of Owners of Bidder Given As Opposed to Home Address
5 New Year’s Resolutions For Your Workplace In 2023
A Practitioner’s Guide to “Arising Out of Employment and Occurring In the Course of Employment”
Supreme Court Determines Standard of Care of Negligence Claim Asserted by Student Against Coach
Students’ Initials Can Be Redacted in Response to an OPRA Request
Appellate Division Vacates Penalties and Fees Against Employer Pending New Hearing
Third Circuit Finds That Statute Of Limitations Period On Civil Rights Claim Arising From Wrongful Conviction Did Not Begin Until Conviction Was Vacated
Beware Child Labor Laws
New Jersey Division Of Workers’ Comp Has It’s First Woman And Hispanic Director
Insufficient Basis Found to File Late Tort Claim Notice in COVID-Related Death
So, What Exactly is FMLA Interference?
What Cost and Legal Fees Are Deducted From the Lien of the Employer or Carrier?
Appellate Division Rules That Plaintiff’s Medical Bills Incurred Due to Personal Injury Were Admissible at Trial Against Public Entity
Appellate Division Affirms Dismissal of NJLAD Claim for Sexual Assault on a School Bus
Section 20 Settlements Versus Orders Approving Settlement
Court Finds That Plaintiff’s Notice Of Claim Substantially Complied With The Notice Requirements Of The Tort Claims Act
Beware the Job Interview!
What Does The Rebuttable Presumption Mean In A COVID-19 Claim?
Plaintiff’s Personal Injury Lawsuit Dismissed As To Public Entity For Failure To Meet Permanency Threshold
New Jersey Enacts Stringent Employer Monitoring Device Law
Advice To Employers In Dealing With Complex TTD Scenarios
New Jersey Turnpike Authority Found Not Liable For Injury Caused Due To Plaintiff’s Motorcycle Hitting a Pole
N.J. Supreme Court Rules That OPRA Requires Disclosure of Settlement Agreements With Public Employees
FCE Supported County’s Decision to Terminate Employee Following Workers’ Comp Injury
Neither County Nor City Found Responsible For Injury To Plaintiff Caused By Tree Limb Piercing Windshield Of His Car
Congress Passes Groundbreaking Bill Restricting Mandatory Arbitration in Sexual Harassment Cases
Understanding The Deviation From Employment Defense
Minor’s Parents Portee Claim Against Public Entity Tolled for the Duration of the Minor’s Tolling Period
OSHA-What’s Next on COVID-19 Vaccinations?
New Jersey Supreme Court Finds Parking Lot Accident Compensable
Court Finds City Not Liable For Plaintiff’s Injury Suffered From Stepping Into Pothole
5 New Year’s Resolutions For Your Workplace In 2022
Back Injury To School Nurse Found Not Compensable Where She Participated in Cardio Club Activity Before School
United States Supreme Court Reaffirms the Defense of Qualified Immunity as Applied in Constitutional Excessive Force Cases
Amended NJLAD Offers Greater Protections to Older Workers
Why Good Adjusters Are Crucial To Success In Workers’ Compensation Court
Neither Wawa, Nor The State Held Liable For Accidents That Occurred Due To Drivers Making An Illegal Left Turn Into A Wawa Driveway
Biden’s Vaccination Mandate
Injury to Employee Walking To Car In Leased Parking Lot Found Compensable
Plaintiff’s Failure To Serve Public Entity At Correct Place Of Business With Timely Notice Of Tort Claim Bars Plaintiff’s Personal Injury Claim
The Legality of COVID-19 Employee Vaccinations Mandates
When Does The Special Mission Exception To The Premises Rule Apply?
New Jersey Supreme Court Holds that Multiple Documents Cannot be Used to Establish Compliance with the Notice Requirements of the Tort Claims Act
Court Denies Discovery of Access to Multiple School Buildings, Holding That the Request was Irrelevant and Disproportional to the Case
Long Drive To Restaurant For Lunch Following Business Meeting Found Not Compensable
Appellate Division Issues Ruling Explaining Distinction Between Motions for Reconsideration of an Interlocutory Order Versus a Final Order
NJ Supreme Court Holds That Supervisor’s Two Uses of Offensive Slurs are Sufficient Support Hostile Work Environment Claim
Respondent Prevails Where First MRI Post-Accident Showed No Abnormalities In Knee
Plaintiff Quadriplegic Found To Have Sufficient Basis To Justify Filing Of Late Notice Of Tort Claim Against Public Entity
Employee Disclosure of COVID-19 Vaccinations
NJ Assembly Votes Unanimously in Favor of Hiring Preferences in Workers’ Compensation
Under New Jersey Law, City Has No Liability For Plaintiff’s Injury Due To Fall On Snow In Street
New Jersey Issues Employer Vaccine Guidelines
This Month’s Two Key Developments On Jurisdiction of Medical Claim Petitions And Orders To Compel Reimbursement Of Costs Of Medical Marijuana
Borough Found Not Liable For Slip And Fall Injury Due To Alleged Depression In Grassy Area Of Municipal Park
LAD Arbitration Limitation Struck Down By Federal Court
New Jersey Supreme Court Rules That Employee Volunteer at Family Fun Day Event Was Performing Work Duties And Was Not Engaged In A Social Or Recreational Activity
Third-Party Complaint Against Municipality Barred Due To Defendant’s Failure To Timely File A Notice Of Tort Claim
Legal Marijuana and New Jersey Employee Rights
First Aid Squad Responders Found to Be Immune from Liability for Injury Allegedly Caused by Negligent Transport of Patient
When “The Easy Way Out” Isn’t So Easy – Beware of Litigation from Non-Tenured Teachers Who Are Non-Renewed
Adverse Reactions to Vaccinations: Current Issues in Workers’ Compensation
Jury Trials Again Suspended in New Jersey But May Restart on a Virtual Basis
COVID-19 and the Holidays
Governor Murphy Signs Legislation Clarifying Effective Date of Hand And Foot Bill
DOT Contractor Entitled to Tort Claims Act Immunity as Defense in Personal Injury Action
COVID-19 and New Disability Obligations
Appellate Division Rules Against Medical Providers In Jurisdictional Dispute Where Almost All Contacts Were In Pennsylvania And New York
Supreme Court Found Question of Fact as to Whether Police Officer Entitled to Qualified Immunity for Shooting of Plaintiff
A Refresher on Handling Reasonable Accommodations
The Essential Workers Legislation In New Jersey: What It Means and What It Does Not Mean
“Special Employee’s” Personal Injury Civil Claim Found Barred By Workers’ Compensation Exclusive Remedy Defense
Vaccines and the Workplace
When Are Injuries That Occur At Work Not Covered By Workers’ Compensation?
Supreme Court Rules That Made-Whole Doctrine Does Not Apply To A Self-Insured Retention
Is the Government Travel Advisory an Enforceable Order?
Divided Supreme Court Upholds Right of Employer to Pursue Subrogation For Payment Of Workers’ Compensation Benefits Even Where Employee Cannot Sue Due to The Limitation-On-Lawsuit Option
Neither County, Nor Board Of Education Held Liable For A Student Injured In Gym Class
EEOC Clarifies Allowable COVID 19 Testing For Employees
Gathering Information to Make Decisions on Compensability of COVID-19 Cases
County Found Not Liable For Trip Over Pipe Due To Plaintiff’s Failure To Prove Notice
COVID-19 and The High Risk Employee
Appellate Division Finds that Dismissal of Comp Case and Motion for Medical and Temporary Disability Benefits Violated Petitioner’s Due Process Rights
Police Officers Found Not to Be Immunized in Alleged Failure to Render Assistance to Injured Plaintiff at Motor Vehicle Accident Scene
EEOC Updates Guidance on COVID 19 Workplace Prevention
The Brave New World of Telecommuting and Workers’ Compensation
NJ Supreme Court Order Extending and Tolling Court Deadlines Due to COVID-19 Pandemic
COVID-19: What Can an Employer Do?
Plaintiff’s Failure to Serve Correct Public Entity with Tort Claims Act Notice Barred Personal Injury Claim
Be Warned About NJ WARN
Transportation Issues in Workers’ Compensation
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
Pregnancy Discrimination Explained
Governor Passes Bill Increasing Compensation for Workers’ Comp Hand And Foot Injuries
Neither Township, nor County Found Liable for Fatal Pedestrian Accident Due to Plaintiff’s Failure to Prove Roadway in a Dangerous Condition
New Jersey Bans Hair Discrimination
First NJ Workers’ Compensation Appellate Opinion On Opioid Use Is Approved For Publication
Municipality Found Not Liable For Pedestrian Accident Due To Tort Claims Act Sign Immunity
Does An Employer Owe Temporary Disability Benefits When An Injured Worker Returns To A Second Job But Is Unable To Return To The Injury-Connected Job?
Municipality Found Not Liable For Fall Due to Uneven Sidewalk
It’s Abuse (FMLA) I Tell You!
Robert Wood Johnson Barnabas Health Found Not Responsible For Injury To Nurse In Public Street
Municipality Not Entitled To Weather Or Snow Removal Immunities If Accident Resulted From Other Causes
US Department of Labor Announces New Overtime Rules
Appellate Court Holds That Employee Failed to Prove That United Airlines Was Responsible for Injury to Worker’s Shoulder Related To Physical Therapy Performed On Her Work-Related Wrist Injury
Court Denies Plaintiff’s Motion for Leave to File Late Notice of Tort Claim Despite Plaintiff’s Medical Issues
New Jersey’s Groundbreaking New Wage Anti-Theft Law
Can A Dependent Settle A Dependency Claim By Section 20 And Then Sue The Uninsured Employer?
Municipality Found Not Liable For Bicyclist Who Suffers Injury When Bike Hit Patch Of Loose Gravel In Roadway
New Jersey Restricts Pre-Hiring Consideration of Salary History Information
Governor Signs New Public Safety Workers’ Compensation Laws Which Will Pose Fiscal And Legal Challenges for New Jersey Public Entities
Contractor Who Missed 90 Day Deadline for Serving A Notice of Tort Claim by Two Days Barred by Court To Pursue Tort Claim Against Municipality
Appellate Division Affirms OPMA Does Not Require BOE to Discuss Proposed Employment Action Prior to Voting
Appellate Division Affirms Decision of Judge of Compensation Finding That The New Jersey Sports and Exposition Authority Did Not Need To Reconstruct Petitioner’s Wage in Award of One Third of Permanent Partial Disability
Immunities Available to Public Entities for Personal Injuries Caused by Snow or Ice
New Jersey Supreme Court Rules on Significant Unemployment Insurance Eligibility Question
Petitioner Proved Work Exposures Materially Caused or Contributed To His Colorectal Cancer
School Board Found Not Liable for Injury that Occurred Due to Fall from Slope in Property
NJ Appellate Court Weighs in On Medical Marijuana Use and The Workplace
Reckless Prank By Co-Employee Does Not Permit Victim To Pursue Civil Suit
Court Dismisses Pothole Case against County
New Jersey Governor Signs New Minimum Wage Law
New Jersey Supreme Court Rules That Volunteer Firefighter Is Entitled To Maximum Temp Benefits Even Without Proof Of Employment Or Lost Wages
Under Narrow Circumstances, NJ Supreme Court Permits Filing of Late Notice of Claim When Claimant Identifies Correct Public Entity in Notice of Claim but Serves Wrong Entity
Third Party Harassment and the Law
Medical Providers Have Six Years To File Claims in Division of Workers’ Compensation
Municipality Held Not Liable for Fall over Bench at its Baseball Field
Dress Codes and Docking of Pay
Triennial Recalculation Issue Decided in Favor of Respondents and 2nd Injury Fund
Appellate Division Reverses Order Denying Motion to Dismiss NJCRA Claims against New Jersey DEP Employees on the Basis of Qualified Immunity
5 New Year’s Resolutions For Your Workplace In 2019
Do Voluntary Offers Still Make Sense in New Jersey Comp?
Attorney’s Fee Award Denied By Federal Court on Basis of Being Outrageously Excessive
NJ Department of Labor Issues Proposed Regulations on Earned Sick Leave
Basic Principles to Consider In Appeals from the Division of Workers’ Compensation
Third Circuit Affirms Dismissal of Excessive Force Claim Because Plaintiff Cannot Identify Police Officer Who Kicked Him
To Extend (or Not Extend) an ADA Leave of Absence: That is the Question
Workers’ Compensation Injury Leads to Indefinite Suspension On Account Of Refusal Of Injured Worker To Submit to Medical Marijuana Drug Testing
DOT Found Not Liable for Plaintiff’s Injuries When Plaintiff Struck by Car as Crossing Highway to Reach DOT Unimproved Parking Lot Across From American Legion
One Toke Over the Legal Line Can Result in Employee Firing
Appellate Court Rejects Trucker’s Injury While Dressing After Showering During Trip From California to New Jersey
Parking Authority’s Operation of a Fee Based Jitney Service Did not Deprive it from Asserting Public Entity Snow Removal Immunity
Silence is Golden: Someone (Maybe Even Your Own Employees) Might be Taping You
Appellate Division Reverses Substantial Award to Custodian Who Contended Five Years of Custodial Work Caused a Need for Bilateral Knee Replacements
Can a Plaintiff Recover for Injuries Due to a Fall in a Pothole on a Public Roadway?
Ooooh That Smell, The Smell that Surrounds (Your Employees?)
Employer Has Lien Rights on High/Low Agreement In Medical Malpractice Case Arising From Workers’ Compensation Claim
Township Found Not Liable for Injury Caused by Fall in Pothole
N.J. Supreme Court Rules on OPRA’s Privacy Provision
Appellate Division Holds Employee Who Was Required To Report To Work During Snow Storm Was Covered During Commute Even Though He Was Reporting To Normal Work Site
Borough’s Alleged Premature Enforcement of a CO Ordinance Does Not Constitute a Substantive Due Process Violation
Will Medical Marijuana Users Soon Have Legal Protections in the New Jersey Workplace?
Rules Regarding Future Payments Under Permanency Awards and Commutations
Appellate Division Reinforces “Extraordinary Circumstances” Requirement for a Late Notice of Tort Claim
The Importance of Job Descriptions
The Anachronistic “Sole Cause” Defense of Intoxication and Unlawful Use of Controlled Dangerous Substances in New Jersey Workers’ Compensation
Failure to Timely Serve Tort Claims Act Notice Upon Defendant Bars Claim
Love is in the Air, But Should It Be in the Workplace?
Who is Responsible Under New Jersey Law When an Injury Occurs Due to a Fall on a Public Sidewalk?
How Tax Reform May Impact Sexual Harassment Lawsuits
Compulsion Versus Permission in Workers’ Compensation
Township Has no Liability for Drowning Death of Minor in Unimproved River
Appellate Division Limits Attorneys’ Fees in OPRA Case
The Notice of Tort Claim Was Timely Received, but Is It Statutorily Compliant?
One Strike and You’re Out-Single Racial Slur Can Create Hostile Work Environment
Police Officer Injured Working Approved Outside Assignment Cannot Sue Contractor Which Hired Township Officers Through the Municipality
Defendant Barred from Suing Public Entity Due to Failure to File Timely Tort Claims Act Notice
Discomfort in Knee Insufficient to Meet Permanency Threshold of Tort Claims Act
N.J. Supreme Court Rules in OPRA Case Involving Email Logs
County GPS System Defeats Petitioner’s Comp Claim on Appeal
Tort Claims Act Monetary Threshold Bars Claim for Pain and Suffering But not Permanent Injury
City and Board of Education Found Immune from Liability for School Child Struck by Car Crossing Road Near School
Public Entity Defeats Lawsuit Seeking Attorney’s Fees in OPRA Case
Appellate Division Finds Plaintiffs Fail to Meet Standard to File Late Notice of Tort Claim
Employment and The Use of Medical Marijuana
The Going-And-Coming Rule And Multiple Employer Work Sites
Don’t Let Your Public Entity Client Get Tripped up by a Pothole
Plaintiff Unable to Meet Permanency Threshold of Tort Claims Act Despite Knee Surgery
Third Circuit Clarifies Standard for Establishing Age Discrimination Claims
New Jersey Judge of Compensation Orders Employer To Pay Costs Of Medical Marijuana Program And Costs Of Filling Prescriptions
