Rescission: A Cyber Insurance Time Bomb? By: Alex Anglim Part One: Understanding The Risk Of Rescission As if increasing instances of ransomware, hacking, malware, and other threats were not enough, businesses might be facing a new cyber threat: the possibility that their cyber insurers will try to rescind (i.e., void) coverage after a cyber incident….

Employer advisory: New Jersey court reinforces high standards for classifying workers as independent contractors. By Steven C. DePalma On August 2, 2022, the New Jersey Supreme Court issued a unanimous opinion holding that workers of a drywall installation business were: (a) hired on a needed basis; (b) who used their own equipment; (c) provided certificates…

– By Steven C. DePalma Effective May 7, 2022, every private-sector employer located in the State of New York must provide written notice of its electronic monitoring practices to all employees: 1) upon hiring with written or electronic employee acknowledgment, and 2) in a “conspicuous place” viewable by all employees. The law applies broadly to…

Employer Advisory: Responding to the Monkeypox Outbreak By Steven C. DePalma On July 23, 2022, the World Health Organization declared monkeypox a “Public Health Emergency of International Concern” and issued Temporary Recommendations in relation to the outbreak of monkeypox. Soon thereafter, New York Governor Kathy Hochul announced a state disaster emergency declaration and the New…

Top Things to Consider If Your Recession Planning Involves a Reduction in Force or Layoff By Christopher M. Santomassimo, Powered by OGC Solutions® The Think Factory™ Unless you’ve been on a sabbatical with no Wi-Fi access, you’ve been bombarded with news about an impending recession. Some economists believe that it has already begun. In response…

Precedential OPRA Decision Affects Confidentiality of Special Education Settlements Reached after Litigation By Laura A. Siclari On May 18, 2022, the New Jersey Appellate Division, in a published decision entitled C.E. and B.E. o/b/o K.E. v. Elizabeth Public School District, et al., A-0173-20 (App. Div. May 18, 2022), held that special education settlements entered into…

Effective on May 7, 2022, New York employers must begin providing notice to new employees when they “monitor or otherwise intercept” an employee’s telephone conversations, emails, internet access, or internet usage. While this law does not prohibit the monitoring of employee communications or other device-related monitoring, it does require advanced notice combined with acknowledgments from…

Non-Compete Agreement: Three Rules Employers Should Keep In Mind Santomassimo Davis Legal Alert 30 million. That’s the number of American workers who work under non-compete agreements, according to the Office of Economic Policy U.S. Department of the Treasury. But employers be forewarned: Many of those non-competes could be deemed unenforceable in the near future, predicts…

Independent Contractor Status Under The Fair Labor Standards Act  On January 6, 2021, the U.S. Department of Labor (“DOL”) issued a final rule clarifying the standards to determine employee or independent contractor status under the Fair Labor Standards Act.  Although the DOL has previously issued guidance on classification, this is the DOL’s first formal rulemaking…

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