Genova Burns Giantomasi Webster LLC

494 Broad Street
Newark, New Jersey 07102, United States

  • 973.533.0777
  • 973.533.1112

NJ Requires Many Notifications to Employees in 2014

As New Jersey employers ring in the new year, they should be mindful of the New Jersey Department of Labor’s notice distribution requirements. The DOL publishes several important notices which, in addition to posting in the…more

Gender Discrimination, Hiring & Firing, Notice Requirements, Paid Leave, Posting Requirements

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Section One’s Shining Moment: A new antitrust lawsuit threatens the NCAA

This year, the term “March Madness” meant more than basketball tournaments to the National Collegiate Athletic Association, its conferences and member schools. On March 17, 2014, a group of college basketball and football…more

Antitrust Litigation, Athletes, College Athletes, Colleges, NCAA

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Public Records Produced Pursuant to OPRA May Not be Redacted for Irrelevancy

The New Jersey Appellate Division has recently confirmed the public’s unfettered right to access government records, regardless of whether certain information produced falls outside a specific request…more

Evidence, Public Records, Redaction

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What's the One Thing Every Company's Telecommuting Policy Must Include?

If, under certain circumstances, employers are required to accomodate remote work, what essential elements should be included in any company's Telecommuting Plan?…more

ADA, Hiring & Firing, Legal Perspectives, Reasonable Accommodation, Telecommuting

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Must-Be-Employed Job Ads Banned in NJ

The New Jersey Appellate Division recently upheld a New Jersey law that bans employers from stating in a job advertisement that applicants must be employed elsewhere in order to be considered for employment. The law was passed…more

Advertising, Human Resources Professionals, Job Applicants, Posting Requirements, Recruitment Policies

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Vermont Right to Life, Inc. v. Sorrell: Independence Required

Since the Supreme Court found in Citizens United that “the absence of prearrangement and coordination . . .alleviates the danger that expenditures will be given as a quid pro quo for improper commitments from the candidate” – a…more

Citizens United, PACs, SCOTUS, SuperPACs

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Newark Passes Paid Sick Time Ordinance

Beginning on May 29, 2014, all private sector employers must provide paid sick time to their employees who work in Newark, including part-time and temporary employees who work at least 80 hours in a calendar year, subject to the…more

Employee Rights, Paid Leave, Sick Leave

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Contributions by New Jersey Government Contractors Increased Dramatically in 2013: Will Pay-to-Play Reform Follow?

Late last month, ELEC issued its 2013 Annual Report, which includes an analysis of the Pay-to-Play Annual Disclosures (Form BE) filed by New Jersey government contractors. Although New Jersey has stringent pay-to-play…more

Campaign Finance Reform, Contractors, Disclosure Requirements, Pay-To-Play, Political Contributions

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U.S. Department of Labor Extends FMLA Benefits to Same-Sex Spouses in States That Recognize Same-Sex Marriage

As reported in the Wall Street Journal (“U.S. Extends Family Leave to Same-Sex Couples,” August 9, 2013, by Melanie Trottman and Kris Maher) and Employment Law 360 (“Labor Dept. Extends FMLA Coverage To Same-Sex Spouses,” August…more

DOL, DOMA, Employee Benefits, FMLA, Marriage

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Significant Property Tax Savings Possible via Professional Review and Appeal

Commercial and residential property owners will receive their property assessment cards on or about February 1, 2014, and they will have until April 1, 2014 to file a tax appeal (except for Monmouth County residents whose filing…more

Property Tax

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Firm Client Tucker Development is Awarded More Than $38m in Tax Breaks for Newark Project

Firm client Tucker Development was awarded more than $38M in subsidies in the form of bond financing and tax breaks by the Economic Development Authority to fund its mixed use development project on Springfield Avenue in Newark…more

Bonds, Economic Development, Land Developers, Subsidies, Tax Credits

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New Jersey Set to Prohibit Employers from Screening Job Applicants for Criminal Convictions Until After Job Interview

Effective March 1, 2015, any employer with 15 or more employees that does business in New Jersey or accepts applications for employment within New Jersey is prohibited from inquiring into an applicant’s criminal history record…more

Ban the Box, Criminal Background Checks, Job Applicants

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Amended Provisions to Interest Arbitration Awards

On June 24, 2014, Governor Christie signed into law Bill A-3424, amending the provisions of Arbitration Reform Bill A-3393. Genova Burns Giantomasi Webster, as labor counsel to the League of Municipalities and New Jersey…more

Arbitration, Arbitration Awards

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New Jersey Extends Deadline for Remedial Investigation of Qualifying Contaminated Sites For Two Years

Governor Chris Christie recently signed into law A-4543/S-3075 (Spencer/Schepisi/Smith/Bateman), which extends the deadline for completing the remedial investigation of contaminated sites before the Department of Environmental…more

Contaminated Properties, Deadlines, Department of Environmental Protection, Environmental Liability, Remedial Actions

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IRS Changes the Game?

On Wednesday November 26, 2013, the US Department of Treasury and Internal Revenue Service issued proposed guidance, subject to a comment period, that would limit the scope of permissible political activities of 501(c)(4) social…more

501(c)(4), IRS, Tax Exemptions, U.S. Treasury

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New Jersey Supreme Court Invalidates COAH’s Third Round Rules

Today, a divided Supreme Court of New Jersey invalidated the affordable housing rules adopted by the Council on Affordable Housing (“COAH”) in the case entitled In re Adoption of N.J.A.C. 5:94 and 5:95. The matter came before…more

Affordable Housing, Fair Housing Act, NAACP

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A Recent Folly by General Mills Exemplifies the Need to Consider the Business Consequences of All Legal Decisions

Before a legal decision is employed, it must be thoroughly vetted from multiple perspectives (including a determination of whether the decision comports with the company’s business goals). Otherwise, unintended business…more

Arbitration, Arbitration Agreements, Consent, General Mills, Marketing

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District Judge Permanently Enjoins PA Law that Prohibited Corporate Contributions to IE Committees

On Wednesday, U.S. District Judge William Caldwell permanently enjoined enforcement of Pennsylvania’s prohibition on campaign expenditures by banks, corporations or unincorporated associations (such as labor unions) as against…more

Political Campaigns, Political Contributions

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Significant Property Tax Savings Possible via Professional Review and Appeal

Commercial and residential property owners will receive their property assessment cards on or about February 1, 2014, and they will have until April 1, 2014 to file a tax appeal (except for Monmouth County residents whose filing…more

Property Tax

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Recent Supreme Court Decision Undermines SLUSA Security for Secondary Actors in Ponzi Schemes

The Supreme Court’s February 26, 2014 decision in Chadbourne & Parke LLP v. Troice, et al., has eliminated a potential protection for secondary actors (such as investment advisors, law firms or insurance brokerages) that…more

Negligent Misrepresentation, Ponzi Scheme, SCOTUS, SEC, SLUSA

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New Jersey Employers Required to Post and Distribute Gender Equity Notice

More than a year after Governor Chris Christie signed legislation requiring many New Jersey employers to notify employees of their right to gender equality in compensation and benefits under existing state and federal law, New…more

Chris Christie, Discrimination, Gender Discrimination, Gender Equity, Gender-Based Pay Discrimination

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Amended Provisions to Interest Arbitration Awards

On June 24, 2014, Governor Christie signed into law Bill A-3424, amending the provisions of Arbitration Reform Bill A-3393. Genova Burns Giantomasi Webster, as labor counsel to the League of Municipalities and New Jersey…more

Arbitration, Arbitration Awards

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A Legislative Scorecard for the New York City Campaign Finance Board

The World Cup is over. Quadrennial hopes and dreams next turn to the post-election report (PER) the NYC Campaign Finance Board (CFB) must submit to the Mayor and City Council on or before September 1, as it has every four years…more

Campaign Finance Reform, Political Campaigns

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Important Deadline Approaching Under New York City’s Paid Sick Leave Law

By Thursday, May 1, 2014, covered employers under New York City’s Earned Sick Time Act, also known as the Paid Sick Leave Law, must distribute a written notice to existing employees regarding their rights under the Paid Sick…more

Earned Sick Time, Employee Benefits, Employer Mandates, Hiring & Firing, Notice Requirements

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Employer Can Be Liable For Its Predecessor’s FLSA Violations

The Third Circuit Court of Appeals recently held that an employer can be liable for its predecessor’s violations of the Fair Labor Standards Act. Thompson v. Real Estate Mortgage Network, No. 12-3828 (3d Cir. Apr. 4, 2014). The…more

ADEA, Civil Rights Act, Employer Liability Issues, ERISA, FLSA

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President Expands OFCCP Jurisdiction to Investigating Discrimination Based on Sexual Orientation and Gender Identity

Effective immediately, federal contractors, including construction employers working on federally-funded construction projects, and federal government employers are prohibited from discriminating against applicants and employees…more

Barack Obama, Civil Rights Act, Discrimination, Employer Liability Issues, Executive Orders

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Unpaid Need Not Mean Unprotected

New Jersey State Senator Nia H. Gill recently introduced legislation that “[p]rovides legal protections and remedies for persons engaged in unpaid internships with employers.” If passed, S-3064 would extend employee-like…more

Discrimination, Sexual Harassment, Unpaid Interns

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“Psychological Care Under FMLA: How Can an Employee Qualify?”

Knowing how to address the needs of employees with caregiving responsibilities can be complicated. It becomes even more challenging when an employee's parent or child becomes so seriously ill that the employee requests a leave…more

Caregivers, FMLA, Mental Health

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Supreme Court’s Opinion Reiterates Principle that Patent Holders Bear Burden of Proof in Infringement Actions

The Supreme Court, in a unanimous decision issued on January 22, 2014, held that the burden of proof in patent infringement actions falls upon the patentee, regardless of whether the patentee is the moving party in the…more

Burden of Proof, Evidence, Medtronic v Boston Scientific, Patent Infringement, Patent Litigation

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Home Health Care Worker Exemption Narrowed by USDOL Final Rule

On September 17, 2013, the United States Department of Labor issued its final rule extending the minimum wage and overtime provisions of the Fair Labor Standards Act (“FLSA”) to home health care workers. This new rule is…more

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Firm Client Tucker Development is Awarded More Than $38m in Tax Breaks for Newark Project

Firm client Tucker Development was awarded more than $38M in subsidies in the form of bond financing and tax breaks by the Economic Development Authority to fund its mixed use development project on Springfield Avenue in Newark…more

Bonds, Economic Development, Land Developers, Subsidies, Tax Credits

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Affordable Care Act Update: Volunteer Firefighters And Other Emergency Responders Are Not Full-Time Employees Or FTE’s Under ACA

On January 10, 2014 the U.S. Department of Treasury announced that volunteer firefighters and other emergency responders (“volunteer emergency personnel”) at governmental or tax-exempt organizations “generally” need not be…more

Affordable Care Act, Emergency Response, Firemen, FTEs, Full-Time Employees

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NJ Federal Court Rules Pension Plan Established By Church-Controlled Hospital Not an ERISA-Exempt Church Plan

On March 31, 2014 the U.S. District Court in New Jersey held that a defined benefit pension plan established by St. Peter’s Healthcare System was not a church plan exempt under ERISA despite the fact that St. Peter’s is…more

Catholic Church, Churches, Defined Benefit Plans, ERISA, Exemptions

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Kenneth Sheehan Comments on New Jersey’s Response To Hurricane Sandy on Law360

In a Law360 article discussing New Jersey’s response to Hurricane Sandy, Kenneth Sheehan, Director of Genova Burns Giantomasi Webster’s Energy & Utility Law Practice Group, commented on the major steps the state Board of Public…more

Electricity, Hurricane Sandy, Natural Disasters

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Supreme Court’s Opinion Reiterates Principle that Patent Holders Bear Burden of Proof in Infringement Actions

The Supreme Court, in a unanimous decision issued on January 22, 2014, held that the burden of proof in patent infringement actions falls upon the patentee, regardless of whether the patentee is the moving party in the…more

Burden of Proof, Evidence, Medtronic v Boston Scientific, Patent Infringement, Patent Litigation

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Supreme Court Decisions on Same Sex Marriage To Impact Business Entities, Employers and Individuals

Today’s Supreme Court decisions will have a major impact upon business entities, employers and individuals in New York, New Jersey, and several other states including California, due to the change of the definitions of “spouse”…more

COBRA, DOMA, Equal Protection, ERISA, Estate Planning

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NJ Voters Approve Constitutional Amendment to Increase Minimum Wage

On Tuesday, New Jersey voters approved a Constitutional amendment which will increase the state’s minimum wage to $8.25 per hour on January 1, 2014…more

Employee Rights, Minimum Wage, Wages

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Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Health
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Real Estate
  • Science, Computers, & Tech
  • Transportation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • New Jersey
  • New York
  • Pennsylvania
Number of Attorneys

50-100 Attorneys

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