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April 2017 FBA Labor and Employment Law Third Circuit Update   Stephen E. Trimboli, Esq. Trimboli & Prusinowski, L.L.C. The Secretary of Labor is not in privity with private litigants, and is therefore not bound by results reached by private litigants in ERISA enforcement actions.   Secretary, United States Department of Labor v. Kwasny, et  Continue Reading »

OSHA and Post-Accident Drug Testing: Proceed with Caution By Stephen E. Trimboli, Esq. Trimboli & Prusinowski, LLC   On May 12, 2016, the Occupational Safety and Health Administration of the United States Department of Labor released amended regulations under the Occupational Safety and Health Act (OSHA) pertaining to the reporting and tracking of workplace injuries  Continue Reading »

T&P Client Alert Police Dashboard Camera Videos Public Records Under OPRA   In Paff v. Ocean County Prosecutor’s Office, the New Jersey Appellate Division recently ruled that a motor vehicle recording (MVR) filmed by a police car dashboard camera is a public document under the Open Public Records Act (“OPRA”) and should be released pursuant  Continue Reading »

SOL for Title VII Constructive Discharge Cases Begins to Run Upon Resignation   The United States Supreme Court resolved a circuit split and created a bright line rule in Green v. Brennan for constructive discharge cases under Title VII of the Civil Rights Act.  Simply put, the Court held that in constructive discharge cases, the  Continue Reading »

New Jersey Supreme Court Expands Definition of Marital Status under the LAD   Since 1970, the New Jersey Law Against Discrimination (“LAD”) has protected those from being discriminated against based upon his or her “marital status.”  That definition, however, was never explained or addressed by the courts or the Legislature. Recently, the New Jersey Supreme  Continue Reading »

June 2016 FBA Labor and Employment Law Third Circuit Update   Stephen E. Trimboli, Esq. Trimboli & Prusinowski, L.L.C. The Third Circuit lacks appellate jurisdiction to consider employer’s argument that the NLRB’s Acting General Counsel was serving in violation of the Federal Vacancies Reform Act because the argument had not first been raised before the  Continue Reading »

Understanding Jury Trial Waivers   Jury waiver clauses take many non-lawyers and even some attorneys by surprise when they first encounter them in a contract.  In the United States, we generally have a right to a trial by a jury of our peers, in both the criminal and civil side.  Can we, and more importantly,  Continue Reading »

U.S. Department of Labor Releases Final Rule on Overtime Regulations On May 18, 2016, the United States Department of Labor (“DOL”) issued its long anticipated final rule amending the Fair Labor Standards Act (“FLSA”) overtime regulations. The new rule takes effect on December 1, 2016, and will require a revaluation of employee compensation, staffing and  Continue Reading »

April 2016 FBA Labor and Employment Law Third Circuit Update   Stephen E. Trimboli, Esq. Trimboli & Prusinowski, L.L.C. The National Labor Relations Board validly ratified the appointment of a Regional Director whose initial appointment was invalid due to the absence of a valid Board quorum, and that Regional Director, in turn, validly ratified a  Continue Reading »