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The New York Whistleblower Law, N.Y. Labor Law §§ 740 – 741, prohibits all employers from discharging, suspending, demoting, or otherwise retaliating against an employee because the employee, among other independent actions, discloses to a supervisor or to a public body an unlawful activity, policy or practice of the employer that creates and presents a substantial and specific danger to the…Read More

On October 19, 2015, in Davis v. New York Department of Education, No. 14-1034-cv, 2015 WL 6118183 (2d Cir. Oct. 19, 2015), the U.S. Court of Appeals for the Second Circuit held that “the denial or reduction of a discretionary bonus . . . constitute[s] an adverse employment action,” and thus may serve as the basis for a claim of discrimination…Read More

The New Jersey Conscientious Employee Protection Act, N.J.S.A. §§ 34:19-1 – 34:19-8 ("NJ CEPA"), prohibits all public and private employers from retaliating against employees who disclose, object to, or refuse to participate in certain actions that the employees reasonably believe are either illegal or in violation of public policy. More particularly, the New Jersey Conscientious Employee Protection Act bars all…Read More

Most workers in New Jersey are eligible for temporary or permanent cash benefits, known as workers' compensation benefits, when they are injured by an accident arising out of and in the course of their employment.  See N.J. Workers' Comp. Law § 34:15-1. I have observed a prevalent belief, among both employers and workers, that a business in New Jersey may…Read More

In addition to the express terms of a contract, "every contract in New Jersey contains an implied covenant of good faith and fair dealing."  Sons of Thunder, Inc. v. Borden, Inc., 690 A.2d 575, 587, 148 N.J. 396, 420 (N.J. 1997); see also Onderdonk v. Presbyterian Homes of New Jersey, 425 A.2d 1057, 1062, 85 N.J. 171, 182 (N.J. 1981). …Read More

On July 15, 2015, in Lippman v. Ethicon, Inc., Nos. A-65/66-13, 073324 (N.J. July 15, 2015), the New Jersey Supreme Court held that the protections of the New Jersey Conscientious Employee Protection Act, N.J.S.A. §§ 34:19-1 - 34:19-8 ("NJ CEPA" or "the Act") "extend to the performance of regular job duties by watchdog employees."  Lippman, Nos. A-65/66-13, 073324, slip op.…Read More

“Under federal and NY Law, an account stated ‘refers to a promise by a debtor to pay a stated sum of money which the parties had agreed upon as the amount due.’ ” National Econ. Research Assocs., Inc. v. Purolite “C” Corp., No. 08 Civ. 7600, 2011 U.S. Dist. LEXIS 24458, at *6 (S.D.N.Y. Mar. 10, 2011) (citations omitted); accord Lankler…Read More

On June 29, 2015, the New York City Mayor Bill DeBlasio signed, into law, the New York Fair Chance Act, Local 63 of 2015 (the “Fair Chance Act,” the “NYCFCA,” “Local Law 63” or the “new Law”), which takes effect on October 27, 2015. The Fair Chance Act prohibits most employers in Manhattan, other than employers in the securities industry, from…Read More

In New Jersey, the elements of trade libel, also known as product disparagement, are "1) publication; 2) with malice; 3) of false allegations concerning [the plaintiff's] property, product or business, and 4) special damages, i.e. pecuniary harm."  Mayflower Transit, LLC v. Prince, 314 F. Supp. 2d 362, 377 (D.N.J. 2004). "A product disparagement plaintiff [in New Jersey] must show 'the…Read More

To prove a cause of action under section 2C:41-2(c) of the New Jersey Racketeer Influenced and Corrupt Organizations Act (“New Jersey RICO”), N.J.S.A. § 2C:41-2(c), the plaintiff must demonstrate (1) the existence of an enterprise, (2) that the enterprise engaged in or its activities affected trade or commerce, (3) that defendant was employed by, or associated with the enterprise, (4)…Read More