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Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events

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What Does the Divorce Process Look Like in New Jersey?

While divorce looks different for every client – some saddened, some shocked, some happy to move on – a common emotion surrounding divorce is nervousness. For many, divorce may be the first time a person has prolonged involvement with the Court system. Understanding the Court System’s divorce process can help…

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Thinking About Filing For Divorce? Prepare in Advance to Make a Difficult Life Change Easier

Divorce inevitably results in a major life transition for all parties involved. Whether or not both spouses wish to end their marriage, divorce presents changes in family structure, time spent with children and financial resources. During a divorce, decisions need to be made about the most precious and important aspects…

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When Will I Get My Day In Court?

While the pandemic continues to impact individuals and businesses, efforts to bring a sense normalcy back to daily life are apparent across the state.  One such effort is the reopening of New Jersey Courts.  While this is happening, the reopening is occurring  slowly. Back in June, 2020 a three phase…

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Is My Employee Arbitration Agreement Enforceable?

Yet again, New Jersey’s appellate court has demonstrated its reluctance to enforce agreements to arbitrate signed as part of a new employee’s orientation. In a previous post we discussed a ruling from the Appellate Division demonstrating the risk of having employees execute arbitration agreements during an orientation process. The court…

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New York Significantly Expands Protections for Workplace Whistleblowers

New York has long lagged behind New Jersey in according protection to employees who blow the whistle on unlawful or unsafe conditions in the workplace. Unlike its sister state, New York employees had a higher bar for achieving protected whistleblower status under section 740 of the New York Labor Law…

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The 5th Circuit and OSHA Put the Brakes on OSHA’s Emergency Temporary Standard

No sooner did OSHA issue its Emergency Temporary Standard (ETS) on November 4, 2021, to implement mandatory vaccination or testing programs for large employers, it was challenged in 11 of the 12 United States Courts of Appeals as an unconstitutional overreach by the agency. Last Friday the 5th Circuit Court…

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Commercial Leases and Flood Zones: The Hidden Notice Requirement

On September 1, 2021, the remnants of Hurricane Ida struck New Jersey. Heavy rain and flooding ensued throughout the area, with many homes and businesses suffering significant damage as a result. Tenants of rental properties were particularly affected, as many were unaware their leased premises were located in a flood…

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OSHA’s Emergency Temporary Standards for Mandatory COVID-19 Vaccinations; What Employers Need to Know

As part of President Biden’s plan for battling the COVID-19 pandemic, the Occupational Safety and Health Administration (OSHA) has issued the anxiously awaited emergency temporary standard (ETS) “to protect unvaccinated employees of large employers (100 or more employees) from the risk of contracting COVID-19 by strongly encouraging vaccination.” Consistent with…

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THEY’RE HERE! OSHA Releases ETS Addressing Vaccination and Testing Mandates for Large Employers

On September 9, 2021, President Biden announced that large employers of 100 or more must mandate that their employees show proof of being fully vaccinated for COVID-19 or wear a mask and undergo weekly COVID-19 testing. These mandates were not slated to go into effect until the Occupational Safety and…

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Emotional Distress Damages and the Rehabilitation Act

Can an individual get damages for the emotional distress suffered as a result of violations under the Rehabilitation Act (29 U.S.C.A. §701 to 796 (1973))? What if that is the only harm suffered and they have no financial losses? Can an organization still be liable? In New Jersey, the answer…