Joint Employment: The Attack on the Citadel

The Trump Administration has just initiated a step to shield major companies from challenges from employees who are working for a franchise. What was considered as “join employment” under an Obama-Era ruling by the National Labor Relations Board (NLRB) has been reversed. The test of indirect control or unexercised control over a worker will no longer be valid to determine the existence of an employer-employee relationship.

Exclusivity Rule: Police Officer Hired to Direct Traffic Was a Special Employee-Unpublished Opinion

A municipal police officer who was hired by a contractor to direct traffic at a construction site was determined to be a “special employee” and barred from suing a co-worker of the construction company. The NJ Appellate Court has held, in an unpublished opinion*, the  “Exclusivity Rule” barred the institution of a civil action against a co-worker.

NJ Supreme Voids Agreements Not To Sue Third-Parties

In a landmark decision, the NJ Supreme Court has ruled that agreements between employers and employees not to file a lawsuit against an employer's customers are unenforceable. The Court held that such disclaimers are against public policy.

Insurance Companies May Offer Discounts for Wellness Programs

A healthy and fit workforce is essential element of loss prevention, especially in the workplace. The State of NJ is taking a huge step forward to encourage reaching the goal.

Client Communications and Equitable Tolling

When injured workers’ have disappointing experiences flowing from work-related injuries the road becomes difficult for all participants in the process, including the attorneys involved. A client’s understanding of the basic process is necessary to prevent future controversies.

NJ Governor-elect Phil Murphy - Department of Labor Transition Team

NJ Governor-elect Phil Murphy today announced his full slate of Transition2018 committees and co-chairs. Members of The NJ Labor and Workforce Development  (NJ-DWD) transition team reflect a strong Labor component, The  NJ-DWD includes the NJ Division of Workers' Compensation.

California Court of Appeal Upholds Landmark Ruling Affirming $1.5 Billion Judgment Ordering the Removal of Lead Paint From Pre-1951 Homes

After a seventeen year legal battle that broke new legal ground, California’s Sixth District Court of Appeal unanimously upheld a lower court decision ordering three lead paint manufacturers to clean up lead paint inside older homes in the County of Santa Clara and nine other California cities and counties. Today’s ruling holds defendants Sherwin-Williams Company, NL Industries, Inc., and ConAgra Grocery Products Company responsible for the public nuisance created by lead paint inside pre-1951 homes.