Category: Litigation

New Jersey’s Earned Sick Leave Law is Live

November 6, 2018, by Jeff Schervone New Jersey's Earned Sick Leave Law went into effect on October 29, 2018, and the Department of Labor and Workforce Development ("LWD") launched a website with information for employers and employees. Under the new law, most employers must provide their employees with earned sick leave. "For every 30 hours worked, … Continue reading New Jersey’s Earned Sick Leave Law is Live

Court Clarifies Pre-Suit Discovery Under New Jersey Court Rule 4:11-1 is Limited to Preservation of Evidence

By Jeff Schervone, October 23, 2018 In Liberty Mutual v. Borgata Hotel, the Atlantic County trial court clarified that the scope of a pre-suit petition for discovery is limited to the potential party’s ability to demonstrate that testimony or evidence would be lost or destroyed prior to the commencement of a lawsuit. In this case, … Continue reading Court Clarifies Pre-Suit Discovery Under New Jersey Court Rule 4:11-1 is Limited to Preservation of Evidence

ICYMI: Amendments to New Jersey Court Rules for Complex Business Litigation Mirror Federal Rules of Civil Procedure

By Jeff Schervone, August 16, 2018 The latest Amendments to the New Jersey Court Rules effective September 1, 2018 carve out new procedural rules for the "Complex Business Litigation Program" (CBLP) which mirror much of the Federal Rules of Civil Procedure. As described in the Rule Amendment package: The CBLP was designed to streamline and … Continue reading ICYMI: Amendments to New Jersey Court Rules for Complex Business Litigation Mirror Federal Rules of Civil Procedure

New Jersey Bill Set To Shred Employment-Related NDAs

By Jeff Schervone - August 10, 2018  New Jersey continues to adopt a raft of remedial employment laws, including the recent Equal Pay Act  and the Paid Sick Leave Act.  Now, the New Jersey Legislature has its sights set on private contracts, namely employment-related nondisclosure agreements, or NDAs.  When (not if) adopted, these NDAs will … Continue reading New Jersey Bill Set To Shred Employment-Related NDAs

The Affordable Burger Act: Congress Pushes Back Against the NLRB and Unions

12/7/2015 – by Jeff Schervone Congress is advancing legislation to push back against a July, 2015 ruling by the National Labor Relations Board (NLRB). In BFI Newby Island Recyclery, a partisan and divided NLRB expanded the Joint-Employer Rule, a judicial interpretation of the National Labor Relations Act (NLRA). Up to now, the rule limited application … Continue reading The Affordable Burger Act: Congress Pushes Back Against the NLRB and Unions

Look for the Union Label…On Your Burger: The NLRB Expands Joint-Employer Rule

By Jeff Schervone At the end of August, 2015 in a victory for labor unions, the National Labor Relations Board (NLRB) expanded its joint-employer rule. In BFI Newby Island Recyclery, 240 "sorters, screen cleaners and housekeepers" were outsourced by Browning-Ferris Industries (BFI) from Leadpoint Business Services (Leadpoint) under a private contract. Leadpoint paid the employees' … Continue reading Look for the Union Label…On Your Burger: The NLRB Expands Joint-Employer Rule