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Appellate Division Rejects Aguas Defense in Employment Harassment Case

Jul 20, 2021 | Written by: Kelly A. Lichtenstein, Esq. |

In a recent decision, McBride v. Foulke Management, 2021 WL 1977156 (App. Div. May 18, 2021), the Appellate Division further defined the limits of the affirmative defense available to employers under...

NJ Employment Laws Protect Job Applicants During Hiring Process

Jul 19, 2021 | Written by: Sharon M. Flynn, Esq. |

Job seekers in New Jersey are afforded the protection of federal and state employment laws that address issues such as wages, overtime compensation, and workplaces that are free of discrimination and...

Involving Your Parents in Your Prenup May Mean They Are Involved in Your Divorce

Jul 6, 2021 | Written by: Diana N. Fredericks, Esq. |

In New Jersey it is very rare that an interlocutory appeal[i] is heard, but in the recent unpublished opinion regarding Jessica, Dominic, and Donald Sciaretta[ii], that is exactly what occurred. 

Does the First Amendment Protect a Child’s Social Media Posts About School?

Jun 29, 2021 | Written by: Tracy B. Bussel, Esq. |

The United States Supreme Court chose to hear and rule on whether public schools can discipline students for the content of social media posts made while off campus. The case stemmed from an incident...

NJ Supreme Court Addresses Employee’s “Failure to Accommodate” Claim under LAD and WCA

Jun 23, 2021 | Written by: Kelly A. Lichtenstein, Esq. |

In Richter v. Oakland Board of Education, the New Jersey Supreme Court recently decided two major issues of first impression. First, an “adverse employment action” is not a required element of a...

Guidelines to Prevent Sexual Orientation and Gender Identity Discrimination in the Workplace

Jun 18, 2021 | Written by: Richard P. Cushing, Esq. |

On June 1, 2021, President Biden proclaimed June as LGBTQ+ Pride Month. To celebrate Pride Month, the U.S. Equal Employment Opportunity Commission (EEOC) has provided new resources to educate...

Retitling of Assets is Critical to Your Estate Plan

Jun 17, 2021 | Written by: John G. Manfreda, Esq. |

The estate-planning process is completed in several stages. Initially, I meet with clients to discuss their estate planning objectives. Next, I prepare draft estate plan documents for them to review....

Is it Legal to Have a Grooming Policy or Dress Code at Work?

Jun 17, 2021 | Written by: Sharon M. Flynn, Esq. |

Dress codes and grooming policies are legal and can be enforced in the workplace in New Jersey.  Equal application, however, is the key.  Dress codes must apply equally to everyone.  If they do...

Due Process and Restraining Orders

Jun 14, 2021 | Written by: Diana N. Fredericks, Esq. |

Parties to a domestic violence action are entitled to certain procedural due process rights.  "Ordinary due process protections apply in the domestic violence context, notwithstanding the shortened...

Is a Commercial Landowner Required to Remove Snow and Ice During a Storm?

Jun 14, 2021 | Written by: Jacob A. Papay, Jr., Esq. |

The NJ Supreme Court has ruled that a commercial landowner is not required to shovel or remove snow and ice from walkways and parking lots during a storm while snow, sleet, or freezing rain is...