March 13th, 2017 | Written by Diana N. Fredericks, Esq.
The rate of divorce for first marriages is approximately 40-50%[i]; that number jumps to an estimated 73% for second marriages[ii]. Now consider that the majority of New Jerseyans divorcing are over the age of 50[iii]. If you are over age 50 and considering a second (or third) marriage, how can you adequately protect yourself and your family?
March 10th, 2017 | Written by Leslie A. Parikh, Esq.
On March 6, 2017, House Republicans offered their first official proposal for an Affordable Care Act (ACA) roll-back. While much remains to be seen regarding the proposed draft, employers should be mindful of the following as matters unfold:
March 3rd, 2017 | Written by William W. Goodwin, Jr., Esq.
Approximately 35 years ago, the New Jersey Supreme Court issued an often-cited opinion in which it held "the privilege of parenthood carries with it the duty to assure a necessary education for children." Newburgh v. Arrigo 88 N.J. 529 (1982). The Newburgh court established a series of factors for courts to consider when assessing whether to compel one or both parents to contribute to the costs of college and, in some cases, even graduate school. Generally speaking, these include the child's aptitude and educational interests, the parents' financial circumstances, and the relationship between the child and each parent.
March 2nd, 2017 | Written by Tara St. Angelo, Esq.
In February 2017, New Jersey Assembly Bill 4532 was introduced and subsequently voted out of the State and Local Government Committee. The bill would amend the Open Public Records Act (OPRA) by exempting certain personal information from disclosure and narrowing the circumstances under which a successful litigant can be awarded attorney’s fees.
February 27th, 2017 | Written by Tracy B. Bussel, Esq.
New Jersey Courts have recently acknowledged that an employer is entitled to an affirmative defense to a hostile work environment claim based on the employer having exercised reasonable care to prevent and correct any harassing behavior. To obtain the protection of this defense, an employer must prove that it exercised reasonable care to prevent and to promptly address and correct the alleged behavior, and that the plaintiff employee failed to avail him or herself of preventive or corrective opportunities available, or to otherwise avoid harm. Courts look disfavorably toward claims where there is a policy prohibiting discrimination in the workplace, with instructions on how to report harassment, yet the plaintiff fails to report any such incidents to his/her supervisors, and instead pursues legal action.
February 23rd, 2017 | Written by Diana N. Fredericks, Esq. and Daniel S. Makoski, Esq.
Innocent Spouse Relief can be a strong defense for a spouse who discovers a tax liability during a divorce. That is assuming the spouse qualifies as an “innocent spouse,” according to IRS guidelines.
February 22nd, 2017 | Written by Tara St. Angelo, Esq.
The Appellate Division recently broadened the circumstances under which a Rice Notice is required to be given to an employee. New Jersey requires public entities to provide employees with notice of a meeting at which their employment status may be discussed and adversely affected. N.J.S.A. 10:4-12b(8); Rice v. Union Cty. Reg'l High Sch. Bd. of Educ., 155 N.J. Super. 64, 73 (App. Div. 1977). Pursuant to N.J.S.A. 10:4-12b(8), an employee is given the opportunity to request that such discussion occur in public session. The Appellate Division broadened this category of notice in the decision Kean Federation of Teachers v. Kean University, Docket No. A-5481-14T3 (Feb. 8, 2017).
January 31st, 2017 | Written by William J. Rudnik, Esq.
As we approach Super Bowl Sunday, I am reminded of the claims that Super Bowl Sunday has the highest domestic violence incident rate of any day each year.[i] Domestic violence has been a societal problem for many, many years, long before the Super Bowl was an event, and most likely since men and women began having relationships. For many years, domestic violence was often hidden and it was rarely discussed. Unfortunately, domestic violence continues to be present in many relationships. However, it is now coming out of the shadows and is discussed openly as we try to eliminate it from our society. One medium in which domestic violence is sometimes addressed is music.
December 20th, 2016 | Written by Tara St. Angelo, Esq.
On December 12, 2016, the New Jersey Legislature revived a six-year-old proposal to allow municipalities and other government agencies to forgo advertising legal notices in newspapers and, instead, post such notices on websites.
December 19th, 2016 | Written by Tara St. Angelo, Esq.
The Appellate Division currently has conflicting decisions on whether police dash cam videos are subject to OPRA (Open Public Records Act). However, it is anticipated that this conflict will be resolved soon via a decision in the case of North Jersey Media Group v. Lundhurst.