The case of Phillip Pantano v. New York Shipping Association arose out of a workplace injury involving plaintiff Pantano who was an employee of Container Services of New Jersey (CSNJ). Pantano was injured while attempting to move a piece of industrial equipment. Co-worker Lawrence Giamella, who was also working on the site that day, tried to help...
Insights and analysis from our attorneys
C&W Journal
October 11, 2023
New Jersey Supreme Court Holds that Multi-Factor Test in Determining Whether an Employee was a “Borrowed” or “Special” Employee is Presumptively an Issue for the Jury to Decide
October 06, 2023
Mandatory Sexual Harassment Prevention Training
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 (Title VII) and its state and local equivalents. Unwelcome sexual advances, requests for...
July 27, 2023
U.S. Supreme Court Re-examines Standard for Religious Accommodation
On Thursday, June 29, 2023, the United States Supreme Court issued a unanimous decision in the matter of Groff v. Dejoy , holding that employers must demonstrate more than a “de minimis hardship”...
April 11, 2023
New Jersey WARN Act to Require Mandatory Severance Pay
On April 10, 2023, New Jersey lawmakers enacted a new bill that imposes several additional requirements on employers in New Jersey under the New Jersey WARN Act. The new amendments arguably make...
March 22, 2023
Equal Employment Opportunity Policy with Podcast (Anatomy of a...
An article written by Employment Law Partner James F. Devine, Esq. discusses the need for employers to develop a comprehensive Equal Employment Opportunity Policy to communicate zero tolerance for...
February 23, 2023
NLRB Rules Non-Disparagement and Confidentiality Provisions in...
In a significant reversal of past precedent, a divided National Labor Relations Board ruled on February 21, 2023 that severance agreements which contain confidentiality or non-disparagement...
February 17, 2023
New Appeal Board Ruling Signals Post-Lockdown Shift Back Towards In...
In an unexpected Valentine’s Day surprise, the ongoing uncertainty relating to in-person hearings versus virtual hearings may have been clarified by the Pennsylvania Workers’ Compensation Appeal...
February 01, 2023
Medical Marijuana Policy and Podcast (Anatomy of a Handbook Series)
An article written by Employment Law attorney Ryan W. Morris discusses the need for employers to develop a Medical Marijuana Policy. A podcast discussing how to develop a Medical Marijuana Policy...
January 24, 2023
Overtime May Cost More in 2023
The Fair Labor Standards Act (FLSA) establishes a threshold for calculation of overtime eligibility. From 2004 until 2020, that salary threshold was $23,600 ($455 per week). In January 2020, the...
January 18, 2023
New Jersey Workers’ Compensation Legal Update: Appellate Division...
In Garzon v. Morris County Golf Club , A-1100-21 (App. Div. December 23, 2022), the Appellate Division of New Jersey held that a Petitioner’s attorney’s counsel fee should not automatically be set...
January 12, 2023
Proposed Rule Seeks to Abolish Non-Compete Agreements
“Non-competes block workers from freely switching jobs, depriving them of higher wages and better working conditions.” So says Lina M. Khan, Chair of the Federal Trade Commission (FTC). On January...
November 08, 2022
Remote, Flexible and Hybrid Workplace: Current EEOC Guidance on a...
One of the lingering effects of COVID-19 is the changed landscape in many workplaces. During the height of the pandemic, businesses in certain industries, either voluntarily or involuntarily,...
November 02, 2022
Third Circuit Affirms State Farm's Win in UIM Coverage Dispute
In a case of significant importance to the insurance industry, the United States Court of Appeals for the Third Circuit has concluded that Pennsylvania's Motor Vehicle Financial Responsibility Law...
October 05, 2022
SAFETY POLICIES AND PROGRAMS with PODCAST (Anatomy of a Handbook...
An article written by Employment Law Partner Ryan J. Murphy, Esq. discusses the need for employers to develop a deliberate safety policy and program to protect its workers and prevent injuries. A...
September 28, 2022
OSHA Launches New Initiative for Warehousing, Storage, and...
The Occupational Safety and Health Administration (OSHA) recently launched a new five-year regional initiative to address workplace injuries occurring in warehouses and other storage facilities in...
September 07, 2022
DISCIPLINE AND DISCHARGE POLICY with PODCAST (Anatomy of a Handbook...
An article written by Employment Law Partner James F. Devine, Esq. discussing the challenges of labor and employee regulations that includes the pursuit of employment rights vs. employers for...
August 30, 2022
Changes to Medical Malpractice Venue Rules in Pennsylvania
On August 25, 2022, the Pennsylvania Supreme Court eliminated a venue exception for medical malpractice actions filed in the Commonwealth. The rule requiring that medical professional liability...
August 18, 2022
AMERICANS WITH DISABILITIES ACT POLICY with PODCAST (Anatomy of a...
An article written by Employment Law Partner James F. Devine, Esq. discussing the Americans with Disabilities Act (ADA) since its adoption in 1990 and how employers who wish to avoid...
August 15, 2022
Anatomy of a Handbook
While there is no law that specifically requires an employer to have a Handbook, we recommend that most employers adopt and publish one that meets their legitimate business interests and...
August 10, 2022
NJ Mandatory Automobile Liability Insurance Increase
On Friday 08/05/2022, Governor Phil Murphy signed into NJ law a bill that will increase auto insurance premiums for about 1 million New Jersey drivers. Current Bodily Injury NJ state minimums will...
August 08, 2022
The New Order of the Remote and Hybrid Employment Environment
While many employers experimented with flexible schedules, remote work and better work life balance prior to COVID-19, the pandemic has changed the complexion of the modern workforce. Now, most...