Recent Blog Posts
September 2020 Newsletter
The Latest Trends in Business Interruption Coverage Litigation as a Result of COVID-19 By Thomas Paschos, Esq. Insurers have scored a number of favorable decisions around the country involving “business interruption” claims. The scorecard is not perfect though, and with over a thousand filings, and decisions on defendants’ Motions to Dismiss coming down daily,… Read More »
A New Pandemic; COVID-19 Lawsuits Target Colleges and Universities.
By Thomas Paschos, Esq. Even before local and state authorities issued stay at home and suspension of business orders, Colleges and Universities around the country canceled in-person classes and directed students to vacate dormitories. Suddenly the college experience became virtual. Classes resumed over webcasts, seniors logged into their commencement ceremonies, downloaded their diplomas, and… Read More »
The New Shape of Litigation in Business Interruption Claims and Lawsuits as a Result of COVID-19 Pandemic.
Restaurants were some of the first businesses directed by civil authorities to suspend or limit operation, the first businesses to receive a hard denial of “interruption of business” claims, and their framing of recently filed complaints gives the best illustration of the shape of litigation to come from the myriad of businesses not far… Read More »
Damages for Lost Wages Qualify as Compensation under Railroad Retirement Tax Act
BNSF Railway Co. v. Loos Earlier this term, the U.S. Supreme Court ruled in BNSF Railway Co. v. Loos that damages for lost wages qualified as “compensation” because they were payments for working time lost due to a work-related injury and thus were subject to employment taxes under the Railroad Retirement Tax Act (“RRTA”)…. Read More »
Withdrawal of Arbiter Without Replacement Mechanism Voids Dispute Resolution Agreement
Capparelli v. Lopatin The appellate division of the New Jersey Superior Court recently issued a decision in Capparelli v. Lopatin. The court concluded that a lack of a replacement mechanism for an arbiter who had withdrawn from serving in that capacity in a dispute resolution as called for by the arbitration agreement, voiding the… Read More »
What is New with Arbitration Agreements? Answer: Lamps Plus, Inc. v. Varela-A U.S. Supreme Court Decision.
Recently, On April 24, 2019, the U.S. Supreme Court issued its ruling in Lamps Plus, Inc., v. Varela. The Court concluded that, under the Federal Arbitration Act, an ambiguous agreement could not provide a sufficient contractual basis to compel class arbitration between an employer and an employee. The respondent in the case, Frank Varela,… Read More »
Employment Law Basics for the Employer
Employers in Pennsylvania and New Jersey have a lot on their plates. Hiring and retaining skilled workers, keeping customers happy, making production targets and deadlines, and finding new customers are some of the most basic elements of running a business, not to mention the need to turn a profit. What many employers do not… Read More »
January 2019 Newsletter
Employment Law Independent Contractors Who Work in Transportation May Not Be Forced Into Mandatory Arbitration New Prime, Inc. v. Oliveira, 2019 WL 189342 (U.S. January 15, 2019) involved a dispute between New Prime Inc., an interstate trucking company and one of its drivers, Dominic Oliveira. Mr. Oliveira worked under an operating agreement that classified… Read More »
New Jersey’s Equal Pay Act: Wake Up Call To Employers To Be Proactive
Last year, New Jersey Governor Phil Murphy signed into law the most sweeping equal pay act in the country. Even though this Act, called the Diane B. Allen Equal Pay Act, only went into effect on July 1, 2018, it is already causing great concern for many employers throughout the state because it provides… Read More »
New Legal Definition of Misconduct: Understanding the Ramifications for Employers in New Jersey
After eight years of confusion, the New Jersey legislature revisited its statutory definition of “severe misconduct” and made major modifications that were signed into law by Governor Phil Murphy in August 2018. The statutory modifications are likely to impact employers throughout New Jersey. Genesis of Confusion For years, New Jersey employers operated under a… Read More »