Writings by Gary S. Young

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Scarinci Hollenbeck remains committed not only to providing top-tier legal services but also to regularly providing information and resources to our client base and internet following. Client Alerts provided by our attorneys supply businesses, municipalities, and more with the latest and relevant legal updates that may impact them and how they might be able to proceed.

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EEOC Gets Enforcement Ball Rolling on Genetic Privacy Violations

The Equal Employment Opportunity Commission (EEOC) has finally delivered on its promise to enforce the Genetic Information Nondiscrimination Act (GINA). Even though Congress passed the law back in 2008, enforcement has been virtually non-existent until recently. Last month, the EEOC announced that it had filed lawsuits against two employers for GINA violations involving medical exams. […]

Author: Gary S. Young

June 7, 2013

Governor Chris Christie Wary of Social Media Law for NJ Employers

Governor Chris Christie recently issued a conditional veto on proposed legislation that would restrict how employers regulate employees’ use of social media. The Governor characterized the law as over broad, and he offered recommended changes that would make the law less burdensome for employers. As we previously discussed on this Business Law Blog, A-2878 would […]

Author: Gary S. Young

May 30, 2013

New Jersey Business Regulations

Can You Enforce an Arbitration Clause on the Other Side Just Before Trial?

The Supreme Court of New Jersey recently considered how late is “too late” to invoke an arbitration clause in a contract. The court accepted the case after lower courts reached opposing opinions of the issue. In the recently decided Cole v. Jersey City Medical Center, the defendant waited until three days before trial to invoke […]

Author: Gary S. Young

May 10, 2013

Arbitration

Are Certain Non-Compete Agreements on the Way Out in New Jersey?

Non-compete agreements, also known as restrictive covenants, are employment contracts designed to limit the ability of an employee to compete with the employer by its stealing customers or trade secrets. Although somewhat controversial and frowned upon as being “restraints on trade,” most states permit such agreements (California is a notable exception). Under current New Jersey […]

Author: Gary S. Young

April 30, 2013

U.S. Supreme Court to Take on Forum-Selection Clauses

The U.S. Supreme Court recently agreed to consider another key business case. Atlantic Marine Construction Company v. J-Crew Management involves whether federal courts should be required to enforce a forum-selection clause in business contracts. The specific issue before the Court is what happens when one party files a lawsuit in a venue other than as contractually […]

Author: Gary S. Young

April 17, 2013

U.S. Supreme court

Proposed Bill Would Allow Remote Attendance at Shareholders’ Meetings

Legislation designed to make New Jersey a more “business friendly” has passed both the state Senate and Assembly. The bills are part of a package that includes important changes that limit the opportunity for shareholder derivative suits. Legislation designed to make New Jersey a more “business friendly” has passed both the state Senate and Assembly. […]

Author: Gary S. Young

March 20, 2013

Recent NJ Employment Decision Highlights Common FMLA Pitfalls

A recently decided New Jersey employment decision highlights several common pitfalls posed by an employee’s pregnancy rights under applicable laws. It specifically addresses an employers’ obligation to provide individualized notice of Family Medical Leave Act (FMLA) rights when an employee requests leave or the employer learns that an employee’s leave may be for an FMLA-qualifying […]

Author: Gary S. Young

February 27, 2013

Employers Beware: Misclassification of Workers Is the Focus of DOL Action

On January 24, 2013, the U.S. Department of Labor (“DOL”) proposed to conduct a first-of-its-kind survey of employers and employees about their experiences and knowledge of worker “misclassification.” Worker misclassification occurs when a bona fide, common law employee is classified to be an “independent contractor” so as to avoid tax withholding, overtime pay and insurance […]

Author: Gary S. Young

February 6, 2013

Could Your Super Bowl Party Land You In Hot Water?

Even though New York will not be represented in this year’s Super Bowl, many local sports fans will be “out and about” to watch the game as guests of Super Bowl parties. While we do not wish to spoil the fun, party hosts should be aware that there is potential legal liability related to Super […]

Author: Gary S. Young

January 28, 2013

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