Author Info for Genova Burns LLC

Matthew Baker

N.J. Supreme Court Sends Auto Dealer Disputes to Arbitration

On Wednesday, June 5, the New Jersey Supreme Court ruled in favor of enforcing arbitration agreements in car purchase agreements. The case, Goffe v. Foulke Mgmt. Corp., reverses the New Jersey Court’s recent trend of setting…more

Arbitration, Arbitration Agreements, Breach of Contract, Car Dealerships, Consumer Fraud

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Lawrence Bluestone

Reminder To Employers: Even Temporary Impairments Can Be A Disability Under The Law

Last week’s decision by the Third Circuit Court of Appeals, Morgan v. Allison Crane & Rigging LLC, stands as a reminder to employers to exercise caution in how they navigate accommodating employees with temporary medical…more

Americans with Disabilities Act (ADA), Disability, Employer Liability Issues, Employment Litigation, Hiring & Firing

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Edward Bonett, Jr.

Sixth Circuit Declines to Defer to NLRB Decision Citing Loper Bright

There has been much speculation about how much deference the courts will give to federal administrative agencies,’ including the NLRB’s, statutory interpretations in the wake of the Supreme Court’s June Loper Bright decision…more

Administrative Appeals, Administrative Procedure Act, Chevron Deference, Corporate Counsel, Government Agencies

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Jennifer Borek

New York State Courts: Update on COVID-19 Impact

The State of New York has issued multiple Executive Orders and Administrative Orders impacting the operations of state courts during the COVID-19 outbreak. Executive Order 202.8 - As part of his continuing efforts to…more

Administrative Priority, Coronavirus/COVID-19, Executive Orders, Governor Cuomo, Relief Measures

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James Burns

NJDOL Report Forecasts Aggressive Enforcement Action On Independent Contractor Misclassification

The New Jersey Department of Labor and Workforce Development earlier this month released the report of the Governor’s Task Force on Employee Misclassification. The Governor’s Task Force was assembled over one year ago to make…more

Employer Liability Issues, Enforcement, Federal Agency Taskforce, Independent Contractors, Misclassification

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Donald Clarke

Deal Hashed Out For Legal Cannabis in the Empire State

New York appears to be on deck as the next state to join the list of cannabis-friendly environments in which these businesses might have a chance to thrive. The deal recently struck between Gov. Andrew M. Cuomo and lawmakers in…more

Decriminalization of Marijuana, Governor Cuomo, Legislative Agendas, Marijuana, Marijuana Related Businesses

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Brigette Eagan

What Employers Should Know About The EEOC’s Final Rule On The Pregnant Workers Fairness Act

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule interpreting and providing guidance on the Pregnant Workers Fairness Act (PWFA)…more

Americans with Disabilities Act (ADA), Covered Employees, Employee Rights, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Bruno Genova

Activity in the Legislature Addressing Inactive Licenses and Other Reform

On January 16, 2024, Governor Murphy signed S4265/A5912 into law, reforming New Jersey’s long-standing liquor license practices. The law was enacted to provide open opportunities for new development in communities, in the hope…more

Alcohol Beverage Control, Breweries, Distilleries, Governor Murphy, Liquor Licences

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Lauren Gershuny

New Disclosure Requirements Service Brokers and Consultants of Group Health Plans

Buried in the Consolidated Appropriations Act of 2021 (the “Act”), which is most known for its $2.3 trillion spending bill that combines $900 billion in stimulus relief for the COVID-19 pandemic, are important new rules…more

Brokers, Consolidated Appropriations Act (CAA), Department of Labor (DOL), Disclosure Requirements, Employee Benefits

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Joseph Hannon

How to Comply with ERISA’s Prohibited Transactions Requirements For Group Benefit Plans

The Employee Retirement Income Security Act of 1974 (“ERISA”), the principal federal law which regulates the benefit plans marketed to employers in this country, imposes specific requirements on most employer-sponsored “welfare…more

Benefit Plan Sponsors, Church Plans, Churches, Disability Insurance, Employee Retirement Income Security Act (ERISA)

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William Harrison

COVID-19: No Evictions During Emergency

In light of the impacts from COVID-19 and the uncertainty related to its effect on business, we have seen the region quickly adjust to a new business reality. Both private industry and government have signaled they will work…more

Coronavirus/COVID-19, Emergency Response, Eviction, Executive Orders, Foreclosure

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Matthew Kertz

New Jersey’s New Flood Risk Information Law Goes Into Effect: Penalties for Nondisclosures In Sales and Leases (both Commercial and Residential)

Beginning on March 20, 2024, the new NJ law requires sellers of real property and landlords to make disclosures regarding known and potential flood risks in purchase and sale agreements and new leases and renewals. …more

Commercial Leases, Commercial Property Owners, Contract Terms, Disclosure Requirements, FEMA

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Jessica Kim

FTC’s Final Rule on Non-Competes May Not be the Final Word

In a controversial move, on April 24, 2024 the Federal Trade Commission (“FTC”) announced that beginning September 4, 2024, it will enforce its Final Rule banning most non-compete agreements that seek to limit a worker’s ability…more

Best Practices, Chamber of Commerce, Compliance, Constitutional Challenges, Employee Handbooks

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Judith Kramer

Heads Up To Group Health Plans: December 31 Gag Clause Attestation Deadline Approaches

The Consolidated Appropriations Act of 2021 prohibits group health plans from agreeing to avoid making certain disclosures of provider-specific cost or quality-of-care information. This is referred to as the gag clause…more

Attestation Requirements, Centers for Medicare & Medicaid Services (CMS), Consolidated Appropriations Act (CAA), Disclosure Requirements, Employee Retirement Income Security Act (ERISA)

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Keith Krauss

Paycheck Protection Program - Necessity Questionnaire

The Small Business Administration ("SBA") has announced, via the Paycheck Protection Program FAQs, that it has discontinued use of the Loan Necessity Questionnaire, citing delays caused by loan necessity reviews. These do not…more

CARES Act, Coronavirus/COVID-19, Loan Forgiveness, Paycheck Protection Program (PPP), Relief Measures

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Alisia Losardo

Twist & Shout: Supervisor’s Termination for Shouting Match With Subordinate Upheld Despite Alleged Whistleblowing Activity

On February 16, 2024, the New Jersey Appellate Division in Ugarte v. Barnabas Health Med. Group, upheld the dismissal of a whistleblowing claim filed by a former supervisor. The Court affirmed the trial court’s decision…more

CEPA, Employment Litigation, Health Insurance Portability and Accountability Act (HIPAA), Hiring & Firing, Hostile Environment

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Paul Mazer

Retailers Face New Compliance Requirements: Violence Prevention and Panic Buttons Under New York Law

On September 5, 2024, New York Governor Kathy Hochul signed into law the Retail Worker Safety Act (“Act” and “Legislation”), which in 6 months, will impose a series of new obligations on retail businesses operating in the State…more

Compliance, Covered Employer, New Legislation, Retail Workers, Retailers

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Patrick McGovern

Chevron’s Passing Likely to Reshape Labor and Employment Law as SCOTUS Questions Presumption of Agency Subject Matter Expertise

On June 28, 2024 the Supreme Court overruled the 40-year-old landmark ruling known as Chevron, a doctrine of administrative law that has until now required courts to defer to federal agencies’ interpretations of ambiguous…more

Administrative Procedure Act, Chevron Deference, Government Agencies, Judicial Authority, Loper Bright Enterprises v Raimondo

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William Megna

New Disclosure Requirements Service Brokers and Consultants of Group Health Plans

Buried in the Consolidated Appropriations Act of 2021 (the “Act”), which is most known for its $2.3 trillion spending bill that combines $900 billion in stimulus relief for the COVID-19 pandemic, are important new rules…more

Brokers, Consolidated Appropriations Act (CAA), Department of Labor (DOL), Disclosure Requirements, Employee Benefits

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Charu Mehta

What Employers Should Know About The EEOC’s Final Rule On The Pregnant Workers Fairness Act

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule interpreting and providing guidance on the Pregnant Workers Fairness Act (PWFA)…more

Americans with Disabilities Act (ADA), Covered Employees, Employee Rights, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Yostina Mishriky

New Jersey Domestic Workers Gain Added Protections

On January 12, 2024, Governor Phil Murphy signed the New Jersey Domestic Workers Bill of Rights Act (S-723/A-822), establishing a broad range of rights and employment protections for domestic workers. Domestic workers were…more

Domestic Workers, NJLAD, State Labor Departments, State Labor Laws, Wage and Hour

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Emily Montagna

Important Reporting Update for all LLC Owners - Corporate Transparency Act Goes into Effect January 1, 2024

One of the main reasons that clients choose to form a limited liability company (LLC) is to protect themselves and their assets from the debts and liabilities that come with owning a business. Forming an LLC means that only the…more

Beneficial Owner, Corporate Transparency Act, FinCEN, Limited Liability Company (LLC), Reporting Requirements

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Gregory Nagy

ELEC Lobbying Deadlines Approach

On Monday, February 16, 2015, businesses, non-profits and special interest groups that paid more than $2,500 in 2014 to make lobbying communications to New Jersey State government officials, directly or indirectly (i.e…more

Annual Reports, Corporate Gifts, Disclosure Requirements, ELEC, Lobbying

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Gerard Pizzillo

New Permit Extension Act Enacted in Response to COVID-19

As the COVID-19 pandemic continues to significantly affect all aspects of the real estate industry, the legislature of the State of New Jersey has passed amendments to the Municipal Land Use Law (the “MLUL”), codified at…more

Building Permits, Construction Industry, Coronavirus/COVID-19, Relief Measures, Time Extensions

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Jeffrey Rich

Aspire Incentive Regulations Approved by New Jersey Economic Development Authority

On Wednesday November 10th, the New Jersey Economic Development Authority (NJEDA) officially approved regulations for the Aspire Program. The goal of the Aspire Program, one part of the larger New Jersey Economic Recovery…more

Community Development, Economic Development, Mixed-Use Zoning, New Regulations, Real Estate Development

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Gina Schneider

NJDOL Issues Proposed Regulations Implementing N.J. Temporary Workers Bill of Rights Act

On July 21, 2023 the N.J. Department of Labor and Workforce Development (Department) issued long-awaited guidance regarding the Temporary Workers Bill of Rights Act. Certain provisions of the Act took effect on August 5, 2023…more

Comment Period, Employee Rights, Fees, New Legislation, Pay Equity Laws

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Sydney Schubert

Activity in the Legislature Addressing Inactive Licenses and Other Reform

On January 16, 2024, Governor Murphy signed S4265/A5912 into law, reforming New Jersey’s long-standing liquor license practices. The law was enacted to provide open opportunities for new development in communities, in the hope…more

Alcohol Beverage Control, Breweries, Distilleries, Governor Murphy, Liquor Licences

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Kenneth Sheehan

New Jersey Board of Public Utilities Issues Order Setting Forth New Community Solar Program

On August 16, 2023, the New Jersey Board of Public Utilities issued an order setting forth the new Community Solar program that is replacing the prior Pilot Program. This Community Solar Energy Program (“CSEP”) continues upon…more

Community Shared Solar, Electricity, Energy Projects, Public Utilities Commission, Public Utility

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Daniel Stolz

President Biden Signs the “COVID-19 Bankruptcy Relief Extension Act”

On March 27, 2021, President Biden signed the “COVID-19 Bankruptcy Relief Extension Act”. The Legislation will extend personal and small business bankruptcy relief provisions that were part of last year’s CARES Act through March…more

Bankruptcy Code, Biden Administration, CARES Act, Chapter 13, Chapter 7

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John Suwatson

New Jersey’s New Flood Risk Information Law Goes Into Effect: Penalties for Nondisclosures In Sales and Leases (both Commercial and Residential)

Beginning on March 20, 2024, the new NJ law requires sellers of real property and landlords to make disclosures regarding known and potential flood risks in purchase and sale agreements and new leases and renewals. …more

Commercial Leases, Commercial Property Owners, Contract Terms, Disclosure Requirements, FEMA

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Katherine Szabo

U.S. Securities and Exchange Commission to Require Expanded Cybersecurity Reporting

New cybersecurity rules from the U.S. Securities and Exchange Commission (“SEC”) set to go into effect this spring will expand reporting requirements for publicly listed companies. The changes are designed to increase…more

Corporate Governance, Cyber Incident Reporting, Cybersecurity, Filing Deadlines, Form 10-K

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