Wednesday, September 01, 2010
FMLA eligibility: DOL expands definition of 'son and daughter'

Author: Dena B. Calo
Publication: HR Specialist
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The U.S. Department of Labor (DOL) recently clarified the definition of “son and daughter” under the FMLA, effectively requiring employers to include same-sex partners, grandparents and other nontraditional family caregivers within the universe of employees eligible for FMLA leave.

Monday, August 02, 2010
DOL’s advice: Think twice before using interns as free labor

Author: Dena B. Calo
Publication: HR Specialist
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Businesses are still skittish about adding to the payroll, and as we head into fall, it's tempting to consider filling empty cubicles with young interns eager for work experience. On paper, internships are good for everyone. Interns learn a business and make connections in organizations where they hope to one day get jobs. In turn, businesses pay nearly nothing for work that needs to be done.

Tuesday, July 13, 2010
Non-Residential Development COAH Fee Exemption Expires

Author: William F. Harrison
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This article is to advise developers of non-residential projects that the 2.5% affordable housing fee (“2.5% fee”) is back in effect.  Developers that received preliminary or final site plan approval prior to July 1, 2010 are exempt from that fee.  To date, the legislature has failed to enact legislation that would exempt non-residential projects that receive site plan approval for the first time on or after July 1, 2010 from paying the fee.

Tuesday, July 13, 2010
SEC Adopts New Rules Limiting Political Contributions by Investment Advisors

Author: 

Jisha V. Dymond

Tuesday, July 13, 2010
Unpaid Internships: Are They Legal?

Author: Dena B. Calo
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The economy is still sluggish.  And as we move into the summer months, there is always an influx of cheap (and sometimes free) labor coming out of colleges, universities and trade schools.  These “interns” use the summer to work for a company, making connections and learning a business where they believe they can get a job once they graduate.  In turn, businesses pay nearly nothing to the interns, thinking instead that it is pay enough to instill in these individuals the opportunity to learn the industry and meet people along the way.

Wednesday, June 02, 2010
Dena B. Calo Discusses Limiting Liability through the Implementation of a Social Media Policy

Publication: HR Specialist
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Friday, May 14, 2010
OIG Approves Program Offering Patients and Physicians Free Imaging Pre-Authorization Services

Author:  Christina B. Murphy
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On April 30, 2010, the Department of Health and Human Services Office of Inspector General (OIG) issued Advisory Opinion 10-04 (AO 10-04) which approved a program to provide free insurance pre-authorization services for patients and referring physicians for imaging services provided by the requestors (“Proposed Arrangement”). The requestors are all subsidiaries of the same parent company and include...

Monday, April 26, 2010
Congress Extends COBRA/ARRA Eligibility Cutoff Date for Premium Subsidy to May 31, 2010 and Broadens Coverage Beyond Involuntary Termination to Include Reductions of Hours

Author: Patrick W. McGovern
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Effective April 15, 2010, the 65 percent COBRA premium subsidy program that originally took effect in early 2009 will remain available until May 31, 2010.  On April 15, 2010 the President signed into law the Continuing Extension Act which extends by another 61 days, through May 31, 2010, the COBRA subsidy eligibility program, as well as several other federal programs.

Tuesday, April 20, 2010
Recent Health Care Reform Legislation Impacts Patients, Insurers, Employers and Providers

Publication: GBG LAW
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On March 23, 2010, President Obama signed into law the Patient Protection and Affordability Reconciliation Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (collectively the “Act”).  The Act is one of the most comprehensive pieces of health care legislation to be enacted in decades.  The legislation calls for the implementation of a number of new health care...

Monday, April 19, 2010
NJ Supreme Court Expands Protection of Employee's Private Use of Company Computer

Publication: GBG LAW
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Recently, in Stengart v. Loving Care Agency, Inc., the Supreme Court of New Jersey unanimously held that an employee could reasonably expect that e-mail communications with her lawyer sent through her personal, password-protected, web-based e-mail account while using a company-issued laptop computer would remain private.

Tuesday, March 30, 2010
The New Jersey Pension/Health Benefits Reform and its Impact on Public Employers

Publication: GB LAW
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The New Jersey Legislature recently passed a series of bills, collectively known as the “Pension/Health Benefits Reform Legislation,” which will significantly impact public employers and employees alike.  The Pension/Health Benefits Reform Legislation was introduced to address the rising cost of taxpayer funded pension and healthcare benefit costs.  Our firm’s labor attorneys have reviewed the legislation and have prepared this summary to keep our clients and colleagues informed of the new developments. Please take note that these changes will take affect on or about May 21, 2010.

Thursday, March 25, 2010
Game Changer: Citizens United Alters the Constitutional and Regulatory Landscape

Publication: GB LAW
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On January 21, 2010, in Citizens United vs. FEC, the U.S. Supreme Court changed the Constitutional landscape for campaign finance reform.  In a 5-4 decision, the Court overruled two prior decisions in holding unconstitutional under the First Amendment the 63-year-old Taft-Hartley prohibition on independent express advocacy expenditures by corporations in federal elections and the 2002 McCain-Feingold prohibition against broadcast electioneering communications by...

Thursday, March 25, 2010
Social Media: Legal Risks and Practical Remedies

Publication: GB LAW
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Whether your employees are blogging reviews on Google, posting endorsement videos on YouTube, getting your company on wiki sites, or branding your company on social networking sites like Facebook, Twitter, and LinkedIn, social media is clearly the wave of the future.  Online media and marketing tools provide a variety of benefits to organizations including collecting industry-based knowledge, widespread sales and branding capabilities, and accessing boundless platforms to publicize a company’s name and reputation.  However, these benefits come with their fair share of legal risks.  A comprehensive social media policy...

Wednesday, March 03, 2010
Sandro Polledri Discusses How The New Jersey Law Against Discrimination Can Cover Outside Business Relationships

Author: 

Sandro Polledri

Partner Sandro Polledri discusses how a New Jersey appellate court has expanded the principle of unlawful harassment beyond the traditional employer-employee relationship and addresses the ruling in the J.T.’s Tire Service, Inc. v. United Rental North America, Inc. case in his article “Harassment: State LAD covers outside business relationships, too” published in the March 2010 issue of HR Specialist. 

This article was reprinted with permission from HR Specialist.

Wednesday, February 17, 2010
Pending Senate Bill Would Mandate Hospitals’ Adoption and Public Disclosure of Conflict of Interest Policy

Publication: GB LAW
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On February 4, 2010, the Senate Health, Human Services and Senior Citizens Committee approved Senate Bill No. 369, sponsored by Senators Loretta Weinberg and Robert Gordon, which, if passed, would require all general hospital boards of trustees to adopt written policies and procedures governing conflicts of interest on the part of board members as a condition of hospital licensure.  According to its sponsors, the bill is intended to implement a recommendation of the January 24, 2008 Final Report by the New Jersey Commission on Rationalizing Healthcare (“Commission”) that hospitals adopt stronger measures to foster transparency, which the Commission found to be essential to a hospital’s successful governance and service to the community.

Friday, February 12, 2010
Is It Time to Appeal Your Property Tax Assessment and Start Saving Money?

Publication: GB LAW
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If you are like most property owners, one of the biggest complaints you have with regard to your property is that your property taxes are too high.  This is why it is of vital importance that you review the assessment of your property each and every year to ensure that you are not paying more taxes than you should be.

Monday, February 08, 2010
Patrick McGovern and Kristina Chubenko Discuss GINA’s New Prohibitions on Misuse of Genetic Information

Author:  Patrick W. McGovern and Kristina Chubenko
Publication: HR Specialist
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Patrick McGovern and Kristina Chubenko discuss GINA’s new prohibitions on misuse of genetic information for group health care insurers and what employers should be doing to comply with the Genetic Information Nondiscrimination Act in their article, “Understand GINA’s new prohibitions on misuse of genetic info” published in the February 2010 issue of HR Specialist. 

This article was reprinted with permission from HR Specialist.

Thursday, January 21, 2010
Laurence D. Laufer Discusses Pay-to-Play for Labor Unions

Author: Laurence D. Laufer
Publication: Corporate Political Activity Law Blog
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Governor Christie’s Executive Order No. 7 modifies prior executive orders (implicitly Executive Orders 117 and 118 signed by Governor Corzine in 2008) by amending the term “business entity” to include labor unions and labor organizations, and political committees formed by such organizations. The Governor explained that EO 7 would bring unions within the “pay-to-play” regulatory regime in order “to level the playing field.”

Tuesday, January 19, 2010
Recession and Diminished Asset Values Offer Opportunities for Family Limited Liability Companies and Family Limited Partnerships

Publication: GBV LAW
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Family Limited Liability Companies (FLLCs) and Family Limited Partnerships (FLPs), have long been considered a method to protect and manage a family’s assets more effectively.  However, in addition to those benefits, an FLLC or FLP offers several tax advantages, some of which are actually enhanced in the current economy while real estate and other personal property are at their lowest values in years.

Tuesday, January 19, 2010
New COBRA Amendments Extend ARRA's Premium Subsidies and Eligibility Cutoff

Publication: GBV LAW
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Effective immediately, the 65 percent COBRA premium subsidy, that took effect on February 17, 2009 and was scheduled to phase out by no later than September 30, 2010, has been extended by six months. Also extended is the cutoff date for involuntary terminations that are eligible for premium subsidies, which is now February 28, 2010.

Tuesday, January 19, 2010
Proposed Public Campaign Financing for Federal Elections

Publication: GBV LAW
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We have frequently highlighted “pay-to-play” restrictions on political giving that have been adopted by states and localities over the past several years.  Often one hears contributors suggest that adoption of a generous public financing program would be a welcome relief, reducing the pressure on contributors to respond to funding appeals and perhaps even eliminating the need for restricting government contracting opportunities for large campaign contributors.