Publications — Page 19 of 47 — Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events

Information on Firm Operations

Published on: March 21, 2020 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

To our Clients and Friends:

Lindabury, McCormick, Estabrook & Cooper continues to monitor developments of the Coronavirus and updates to public health policies and regulations issued by Governor Murphy. The health and safety of our personnel, clients and the public continues to be our priority.

All Lindabury offices are taking affirmative steps to protect the safety and well-being of our clients, visitors and employees from COVID-19. Accordingly, we require all persons to first stop at the office’s reception area to be checked in.

New Jersey Adopts Additional Job Protections for Employees Suffering From the Coronavirus (COVID-19)

Published on: March 20, 2020 | by John H. Schmidt, Jr.

On March 19, 2020, Governor Murphy signed a new law that grants immediate protection to employees who have or are likely to have an “infectious disease” caused by “a living organism or other pathogen, including a fungus, bacteria, parasite, protozoan, virus or poison, which may or may not be transmissible from person to person, animal to person, or insect to person.” The coronavirus is an infectious disease within the meaning of the law.

Employer Mandates: The law mandates that an employer may NOT terminate the employment of any employee who requests or who takes time off from work based on a written or electronically transmitted recommendation from a New Jersey medical professional that the employee should take time off for a specified period because the employee has or is likely to have an infectious disease. Additionally, the employer may NOT refuse to reinstate the employee to work after the expiration of the leave specified by the medical professional. Reinstatement must be to the same position held when the leave commenced without any additional penalties.

Violations: Any employer violating this new law will be compelled to reinstate the employee to his/her prior position and is subject to a fine of $2,500 for each violation.

The Employer’s Guide to Federal and State Employee Leave Rights and Income Protection for Coronavirus-related Absences

Published on: March 19, 2020 | by Kathleen M. Connelly

Updated as of April 1, 2020

In recent days employers have been faced with very difficult and unanticipated situations in the workplace. Employee absences from the workplace, whether related to personal or family illness due to the virus, voluntary or involuntary quarantines, fear of contracting the virus, reductions in hours, workplace furloughs or closures, may implicate leave rights under the federal Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA), as well as paid sick leave rights under the New Jersey Paid Sick Leave law. In addition, employees may be eligible for additional income protection from state unemployment, temporary disability and workers compensation funds.

Signed into law on March 18, 2019 the Families First Coronavirus Response Act has several components, including paid sick leave and paid FMLA leave obligations aimed at easing the financial impact of the virus upon employees. This guide synthesizes the various federal and state programs and answers questions about the leave and income protections are available to employees who find themselves unable to work due to the coronavirus epidemic.

Coparenting Arrangements In The Time of Coronavirus

Published on: March 18, 2020 | by Nicole A. Kobis

It goes without saying that the spread of coronavirus (Covid-19) is presenting an unsettling and challenging time for individuals across the globe. People are grappling with economic consequences due to employment interruptions and working hard to create a schedule that ensures continuity in their children’s lives.

For individuals who are coparenting and following a parenting time schedule whereby their children split their time between two homes, the current set of circumstances may present a unique set of challenges and considerations. Since there has not been a global incident of this magnitude in recent history with which to compare these recent set of circumstances, there is no model of how divorced or separated parents should handle these challenges.

To the best that you are able, you should continue to adhere to the parenting time schedule that you have already been following. This will provide your child or children with a level of structure and consistency especially given the extended absence from their schools, friends and everyday routines. However, it is also important to be flexible and work together as employment interruptions and childcare needs may force alterations to established schedules. It is understandable that during this time necessary modifications may be in the best interest of your child and children in order to safeguard them or other members of your family from exposure to the virus. Communication is always important as you continue to coparent, and open dialogue is especially crucial during a time like this.

Congress Passes Families First Coronavirus Response Act – Mandates Paid Sick Leave

Published on: March 18, 2020 | by Kathleen M. Connelly

As the country reels from the coronavirus pandemic, the economic impact on businesses and employees has become painfully evident. Whether due to personal or family illness with the virus, self-isolation, school or business closures, or a downturn in business, employees are expected to be facing extended absences from the workplace. Many employees, especially hourly workers, may not have available paid time off or the economic cushion to weather the loss of income during the absence. Employers may not have the financial wherewithal to pay employees during these absences. In anticipation of these and other dire economic consequences brought on by the virus, the U.S. House of Representatives passed the Emergency Paid Leave Act with the support of the President. On March 16, 2020 the House substantially revised the bill to significantly narrow the relief available to employees under the original version. The Senate passed the bill two days later and it is now headed to the President for his signature. The Families First Coronavirus Response Act will provide economic relief to employees affected by coronavirus-related absences.

The Act will apply to employers with 500 or less employees. Larger employers are not covered. Administration and Senate leaders have commented that these larger employers typically provide sick leave benefits to their employees, but many may not provide for two weeks of leave. If not, these employees may be unprotected. Employers with less than 50 employees can apply for an exemption through the Department of Labor if it would “jeopardize the viability of the business”, a vague standard that has yet to be defined.

We have outlined below key provisions of the Act that we hope will assist employers in making difficult staffing decisions going forward.

NJ Leads the Way in Mandating Severance Payments for Laid-off Employees

Published on: March 10, 2020 | by Kathleen M. Connelly

For nearly two decades New Jersey employers had to comply with the notice requirements of the Federal Worker Adjustment and Retraining Notification Act (WARN), 21 U.S.C. 2100 et seq., as well as New Jersey’s similar counterpart, Millville Dallas Airmotive Plant Job Loss Notification Act (NJ WARN Act), N.J.S.A. 34:21-2. While not identical, both statutes require New Jersey employers with 100 or more employees to provide 60 days’ written advance notice to those employees affected by a “mass layoff” or “plant closing” or a “termination of operations” or “transfer of operations” as those are defined under the respective statutes. Both laws require similar notifications to designated state and local officials. A failure to provide the required 60 days’ advance notice could result in liability for wages and benefits for the period for which the notice was not provided to the affected employee.

As a result of the Toys ‘R’ Us bankruptcy filing in 2017, more than 30,000 workers were laid off nationally, and approximately 2,000 in New Jersey. Initially, these employees were not provided with any severance benefits but an ensuing battle ultimately resulted in the establishment of an assistance fund to provide some monetary relief to affected employees. Critics claimed that these benefits fell far short of what these workers should have been paid.

The Toys ‘R’ Us closures’ effect upon the citizens of New Jersey did not go unnoticed by the state legislature. On Jan. 21, 2020, New Jersey amended the NJ WARN Act to become the first state to mandate employee severance payments in the event of a closure of operations or mass layoff of employees. The amendments also extend significant additional protections to New Jersey employees, making it the most progressive law of its kind in the country. The law goes into effect July 19, 2020.

As Coronavirus Spreads, Some Firms May Struggle to Pivot to Remote Work

Published on: March 4, 2020 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

Eric Levine, Cybersecurity & Data Privacy co-chair of Lindabury, McCormick, Estabrook & Cooper, was quoted by Legaltech news, in a recent article concerning the coronavirus’ impact on law firms. Eric says “the firm is proactively reminding the firm’s lawyers and staff to remain vigilant against coronavirus-related phishing emails.

“From a cybersecurity and data privacy standpoint, people must be aware that the virus itself presents an opportunity for hackers and wrongdoers to gain access to resources,” he said. “I sent an email to our staff and attorneys with an article saying to be careful for these types of email scams, they’re more potent because they’re tied to a health scare.”

To read the full article as published online at Law.com click here, a subscription may be required.

Lindabury Adds Dehnhard as Partner

Published on: February 21, 2020 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

Karolina Dehnhard joined Lindabury, McCormick, Estabrook & Cooper PC in Westfield as partner in the firm’s divorce and family law practice, and as managing director of the international law group.

In her matrimonial practice, Dehnhard focuses on divorce, prenuptial agreements, child custody, parenting time, alimony, child support, adoption, and domestic violence issues. She assists with complex financial issues, including valuation of businesses both domestically and abroad; international custody rights; the impact of immigration status on divorcing spouses and their children; enforcement of foreign divorce decrees; and the complexities associated with alimony rights and post-judgment cohabitation.

A native of Poland, Dehnhard founded the Polish-American Chamber of Commerce North-East, which focuses on collaboration between Polish and American business networks with an eye toward international development. She’s often tapped to present workshops geared toward educating Polish-based companies on doing business in the U.S.

Lindabury Welcomes New Partner David Tawil

Published on: February 21, 2020 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

Lindabury, McCormick, Estabrook & Cooper is pleased to announce that David R. Tawil has joined the firm as a partner in its Divorce & Family Law practice. He will concentrate on divorce, prenuptial agreements, child custody and support, alimony, and domestic violence issues. Tawil brings extensive experience with New Jersey’s Rabbinical courts.

“David Tawil’s addition to our firm adds a unique perspective for our clients, especially those in the observant Jewish population throughout New Jersey,” said David Pierce, president of Lindabury, McCormick, Estabrook & Cooper, P.C. “His expertise with complex proceedings, including the handling of cases in all aspects of mediation and arbitration, offers a cross-platform service that includes family law issues before the Rabbinical courts.”

Tawil brings more than 17 years of litigation experience to Lindabury, having tried numerous family law matters as well as appellate proceedings, post-judgment cohabitation, alimony modification applications and change of circumstances motions and hearings. He serves as an advisor to several Rabbinical courts regarding the complex aspects of civil laws relating to divorce, custody and support and the interaction between civil and religious legal canons with the goal of reaching decisions that are fair and equitable.

When Should Estate Planning Documents Be Reviewed?

Published on: February 16, 2020 | by David G. Hardin

As estate planning attorneys, we are frequently asked by clients how often they should review their estate planning documents. Should it be every three years … every five years … every ten years? Rather than consider the response in terms of time, we prefer to advise clients to think in terms of need or life stage. On occasion, reviewing estate planning documents after a specified period of time has passed will be prudent, but more often other factors will weigh more heavily. This article will provide guidance to individuals who might wonder whether their estate planning documents are due for review.

The first consideration should be whether there is a need to change a document. For example, after a move to a new state, the estate planning documents should be reviewed by an attorney licensed to practice in that state. Further, if the executor named in a will has died, moved out of state, or is no longer the appropriate person to serve, then the will should be updated to substitute another executor for the one who will no longer serve. Similarly, if a guardian for a minor child is no longer appropriate because he or she has relocated to another state, or because the guardian’s personal circumstances have changed, it may be necessary to revise the will to name a new guardian. A change in the tax laws may also suggest a need for revision of a will or trust.

New life stages may also provide reasons to update estate planning documents. For example, when children are minors, it is oftentimes appropriate to establish a trust to hold a child’s inheritance until a child reaches a specific age in order to safeguard the funds and minimize potential waste. As a child grows up, the need for a trust may be eliminated, or the terms of a trust might warrant a change to give a child different benefits or more control. Similarly, when a child becomes an adult, it may be appropriate to name the child to a position of responsibility, as perhaps appointing the child as an executor.