Kevin O'Connor – Peckar & Abramson, P.C.

Construction Firm Feels the Burn of the "Joint Employer" Theory In Federal Appeals Court Case Articulating New Test For Holding Firm Jointly Liable for Wage and Hour Violations

As labor shortages become a real concern in the United States construction industry, a continuing risk looms large for construction firms that are not careful in how they structure their relationship with subcontractors: …more
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NEW YORK'S SECOND DEPARTMENT POISED TO DECIDE TWO APPEALS CONCERNING VIABILITY OF HOME HEALTH AID CLASS ACTIONS

On January 9, 2017, New York's Second Judicial Department, Appellate Division, will hear argument in two appeals that are of significant interest in the home health care field. In Moreno v. Future Care Health Svs., Inc.,…more
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MD Pa Case Highlights Risk of Admissibility of EEOC Reasonable Cause Determinations

Several years ago I published a comprehensive article addressing the admissibility of reasonable cause findings by the Equal Employment Opportunity Commission ("EEOC") and cataloging the case law throughout the nation on this…more
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The Wide Net of Joint Employer Liability: EEOC Targets Staffing Firm and Client in ADA Case, Will Get to Jury With Claims for Failure to Accommodate Deaf Applicants

A decision in a federal case out of the Northern District of Texas, EEOC v. S&B Industry, Inc. d/b/a Fox Conn S&B, 3:15-cv-0641 (N.D. Tex. Dec. 8, 2016), demonstrates that utilizing staffing firms to fill positions does not…more
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Critical Fair Housing Act Case Demonstrates Need to Fill SCOTUS Vacancy

It is no small irony that the Supreme Court of the United States ("SCOTUS") heard oral argument on election day in two consolidated cases that squarely place significant issues of standing under the Fair Housing Act ("FHA")…more
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WORKPLACE RETALIATION: THE TAIL WAGGING THE DOG

A new decision from the District Court of New Jersey in Nuness v. Simon & Schuster, Inc., Case 1:16-cv-02377-JBS-KMW (D.N.J. Nov. 17, 2016) offers a clear demonstration of how even the most marginal of racial discrimination…more
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NJ Supreme Court Outlines 7-Part Test for Forced Expulsion of LLC Member

In the first significant opinion to interpret New Jersey's Revised Uniform Limited Liability Company Act ("RULLCA"), New Jersey's Supreme Court ruled on August 2, 2016 that members of an LLC seeking to expel another member have…more
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The Role of Anonymous Complaints In the Workplace In Ordering Psychological Fitness-For-Duty Examinations

A newly published decision from New Jersey's intermediate level appellate court answers a question of first impression in New Jersey: under what circumstances should an employer order a psychological fitness-for-duty…more
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Second Circuit Decision Highlights Rift in Case Law Over When Computer Fraud and Abuse Act Can Be Used to Combat Employee Theft of Data

With the proliferation of technology in the modern workplace, employee theft of confidential and proprietary computer data is often involved in non-compete cases. I have written extensively in prior articles on the scope of…more
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Compared to What? "Hand Crafted Vodka" and The Continuing Role of Comparator Products in False Advertising Cases

In recent years product manufacturers have faced an onslaught of class actions alleging false advertising in the marketing of consumer products. Courts in the Third Circuit applying New Jersey's consumer fraud act have held…more
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N.J. Supreme Court Lessens Burden To Prove Entitlement to Disgorgement In Cases Involving Employee Disloyalty

New Jersey's Supreme Court has rendered another ground breaking decision in the employment and closely-held shareholder context, this one Kaye v. Rosefielde, decided today. In Kaye v. Rosefielde, 432 N.J. Super. 421 (App. Div…more
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New Guidance Offered in NJ On the Use of Personal Appearance Standards In The Workplace

A new decision from the New Jersey Appellate Division, Schiavo et al. v. Marina District Development Co. (Simonelli, J.A.D.), released yesterday for publication, offers extensive guidance on when and how to impose personal…more
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Skinny Girl Margarita™ Case Shows How Class Certification Can Be Tough to Meet in Third Circuit

A new decision from the federal District of New Jersey, Stewart v. Beam Global Spirits & Wine, Inc. 2015 WL 3613723 (D.N.J. June 5, 2015), demonstrates the hurdles to class certification in the Third Circuit when the New Jersey…more
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N.J. Supreme Court Rejects Defense Argument That Whistleblower Law Does Not Protect Watchdogs

Today, New Jersey's Supreme Court has finally put to rest a raging debate in employment law over whether New Jersey's Conscientious Employee Protection Act, N.J.S.A. § 34:19-1 et seq. ("CEPA"), provides protection to employees…more
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Second Circuit Decides on Proper Test to be Applied in Wage & Hour Class Actions Stemming from Unpaid Internship Programs

In recent years, the wave of class actions in the United States has included a frontal assault on unpaid internship programs, with plaintiffs’ attorneys securing some successful preliminary results in the Southern District of…more
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Areas of Practice
  • Appellate Practice
  • Business Torts
  • Class Action
  • Construction Law
  • Labor & Employment Law
  • Litigation
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