Legal Blogs and Updates

Posts from 2015.

On December 8, 2015, the United States Department of Labor (“DOL”) submitted the so-called “Persuader Rule” to the Office of Management and Budget for review. The Persuader Rule applies to employers, attorneys, consultants and other persons who attempt to persuade employees to ...

On December 7, 2015, the New Jersey Department of Labor and Workforce Development issued final regulations to the Opportunity to Compete Act (the “Act”), commonly known as the “Ban the Box” legislation.  The Act, which has been in effect since March 1, 2015, restricts covered ...

On November 24, 2015, the Court of Appeals for the Third Circuit -- the federal court with jurisdiction over New Jersey -- issued an opinion that impacts how and when employers must compensate employees for a meal period. Joining the majority of federal appellate courts, the Third Circuit ...

The United States Senate recently unanimously approved the Special Needs Trust Fairness Act in an effort to provide those with disabilities the right to create their own special needs trust. 

Special needs trusts are used to enable individuals with disabilities to qualify for government ...

Jersey City’s mayor and council have amended the city’s paid sick leave ordinance, expanding the law’s mandates.  Originally passed in 2013, the city’s paid sick leave ordinance was the first in New Jersey to require employers to provide mandatory paid sick leave to their full-time ...

A recent decision by the U.S. Court of Appeals for the Third Circuit has held that the use of short-term Medicaid qualified annuities is a permissible Medicaid planning strategy. In so doing, the court in Zahner v. Secretary, Pa. Dept. Of Human Services concluded that a Medicaid planning ...

On January 1, 2016, New York City’s Affordable Transit Act will go into effect.  The Act requires employers with 20 or more full-time employees to offer its employees the opportunity to use pre-tax wages toward certain commuting expenses.  The Act defines a full-time employee as one who works ...

New York City’s Fair Chance Act (“FCA”) goes into effect today, October 27, 2015.  Under the FCA, most New York City employers with four or more employees are prohibited from inquiring about a job applicant’s criminal background during the employment application process.  This new ...

Covered in this post:

  • District Court Finds Bad Faith Claim Devoid of Merit
  • New Jersey Appellate Division Refuses to Reform Policy Limits When Insured Failed to Inspect Declaration Page
  • Court Affirms that New York Does Not Recognize an Independent Tort For The Bad Faith Denial of Coverage

NEW ...

Covered in this post: 

  • New Jersey Appellate Division Rejects Bad Faith Claim When Insurer Settles Less Than All Underlying Claims for Policy Limit
  • New Jersey District Court Rejects Policyholder's Attempt to Amend Complaint to Add Bad Faith Claim
  • New Jersey Appellate Division Allows ...

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