Lite DePalma Greenberg, LLC Firm News Feed Mar 2020 00:00:00 -0800firmwise LDG Attorneys Named to 2020 "Super Lawyers" List LDG Attorneys Named to 2020 &ldquo;Super Lawyers&rdquo; List:&sup1;<br /> <br /> <strong>Joseph J. DePalma, Bruce D. Greenberg</strong>, <strong>Victor A. Afanador, Susana Cruz Hodge and Steven S. Glickman</strong>&nbsp;were all named to the 2020 list of &ldquo;New Jersey Super Lawyers.&rdquo; Mr. Greenberg has been included on that list every year since 2005, when the listing was first introduced and Mr. DePalma has appeared every year since 2007.&nbsp; Mr. Afanador has been named to the &ldquo;New Jersey Super Lawyers&rdquo; list for four consecutive years. <strong>S</strong><strong>usana Cruz Hodge and Steven S. Glickman&nbsp;</strong>appear&nbsp;in the &quot;New Jersey Super Lawyers&quot; list for the first time.&nbsp; Ms. Hodge was<strong>&nbsp;</strong>named to the &quot;Rising Stars&quot; list for six consecutive years.<hr /> &sup1;The Super Lawyers List is issued by Thompson Reuters. A description of the selection methodology can be found <a href="" target="_blank">here</a>. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.News & Events20 Mar 2020 00:00:00 -0800 D. Greenberg was named to New Jersey Super Lawyers Top 100<p><strong>Bruce D. Greenberg</strong> was named to New Jersey Super Lawyers Top 100 list.&nbsp; To read more on this listing, click <a href=";elq_cid=11996285&amp;elq_ename=L_SL_SEM_NA_NJSL20DigitalEdition_em1_20200318&amp;cid=NA&amp;sfdccampaignid=NA&amp;campaignCode=&amp;chl=Em&amp;utm_medium=email&amp;utm_source=eloqua&amp;utrm_campaign=L_SL_SEM_NA_NJSL20DigitalEdition_20200318&amp;utm_content=NA&amp;elqTrackId=5285c219e15d4d85acc93fee9743b7fd&amp;elq=00c08021158048afbb88d3bfdfa00673&amp;elqaid=15548&amp;elqat=1&amp;elqCampaignId=16619&amp;elqcst=272&amp;elqcsid=2170&amp;pm=2&amp;folio=20#pg20" target="_blank">here</a>.</p>News & Events20 Mar 2020 00:00:00 -0800 D. Greenberg was a presenter on a New Jersey ICLE webinar<p><strong>Bruce D. Greenberg</strong> was a presenter on a New Jersey ICLE webinar titled &rdquo;Do&rsquo;s and Don&rsquo;ts of Appellate Practice.&rdquo; The other presenters were Appellate Division Judges Ellen Koblitz and Thomas Sumners, Jr., and Marie Hanley, Chief Counsel to the Appellate Division.</p>News & Events26 Feb 2020 00:00:00 -0800 Reuben will be a panelist on the live webinar, "Impact of New FRE 807 on Hearsay Evidence"<p><strong>Mindee Reuben</strong> will be a panelist on the upcoming live webinar, &quot;Impact of New FRE 807 on Hearsay Evidence&quot; on Tuesday, May 12, 1:00pm-2:30pm EDT. Click this <a href="" target="_blank">link </a>for more information.</p>News & Events24 Feb 2020 00:00:00 -0800 D. Greenberg was quoted in a Law360 article about the effect of a recent Appellate Division decision<p><strong>Bruce D. Greenberg</strong> was quoted in a Law360 article about the effect of a recent Appellate Division decision that allowed trial testimony to be offered by live remote video, rather than in person, in certain circumstances.</p>News & Events10 Feb 2020 00:00:00 -0800 D. Greenberg was quoted in The New York Times<p><strong>Bruce D. Greenberg</strong> was quoted in The New York Times regarding class actions against rental car companies for allegedly improper charges that arise out of &ldquo;cashless tolling.&rdquo;</p>News & Events03 Feb 2020 00:00:00 -0800 A. Afanador was invited to participate as an Adjunct Professor in the January 2020 inaugural Denis F. Mclaughlin Advanced Trial Advocacy Workshop<p><strong>Victor A. Afanador</strong> was invited to participate as an Adjunct Professor in the January 2020 inaugural Denis F. Mclaughlin Advanced Trial Advocacy Workshop. He and other invited attorney participant adjunct professors are assigned to join one of two groups of eight 2L or 3L law students in an intensive two week trial preparation program. The groups will be led by Team Leader Professors from Seton Hall University School of Law through various skill sessions highlighting the various separate components of a trial like: Openings, Closings, Direct Examination, Cross-Examination, and the introduction of exhibits. During the &ldquo;Skill&rdquo; sessions, the other attorney participants join in providing feedback to the students as they practice the skills.</p>News & Events06 Jan 2020 00:00:00 -0800 POSSESSION THROUGH REPLEVIN makes sense for lawyers and laymen to associate wrongful possession of another&rsquo;s property with the criminal code since taking possession of someone else&rsquo;s property often consists of theft. Many lawyers and laymen are surprised to learn that there is a centuries old civil remedy for retrieval of a person&rsquo;s wrongfully possessed or withheld property. Indeed, one of the oldest legal actions in common-law, dating back to the 14th Century, is an action for replevin. Although many practitioners in New Jersey seem unaware of this cause of action, it is a legal remedy that practitioners should familiarize themselves with.<br /> <br /> Put simply, a replevin action seeks the return of personal property wrongfully taken and for compensation for any resulting loss. In New Jersey, replevin is governed by both statute and court rule.<br /> <br /> <u>N.J.S.A.</u> 2B:50-1 authorizes &ldquo;[a] person seeking recovery of goods wrongly held by another&rdquo; to &ldquo;bring an action for replevin in the Superior Court.&rdquo; Under the plain language of <u>N.J.S.A.</u> 2B:50-1, a plaintiff establishes a cause of action for replevin by showing that the defendant is holding the subject goods wrongfully, or in other words, that the defendant is holding the goods contrary to the plaintiff&rsquo;s superior right to possession. The replevin action created by <u>N.J.S.A.</u> 2B:50-1 encompasses actions where goods are taken wrongfully or tortuously, and where goods were lawfully taken but are withheld contrary to a superior right of possession&mdash;also called detinue. <u>See</u> <u>Voellinger v. Dow</u>, 420 N.J. Super. 480, 483, n.2 (App. Div. 2011).<br /> <br /> <u>R.</u> 4:61-1 is the mechanism through which a party obtains relief under <u>N.J.S.A.</u> 2B:50-2. R. 4:61-1 echoes the standard set forth in <u>N.J.S.A.</u> 2B:50-2, that relief may be granted merely by showing &ldquo;a probability that final judgment will be rendered in favor of the movant.&rdquo;<br /> <br /> <div style="margin-left: 40px;">&ldquo;To maintain replevin, the plaintiff must have the right of exclusive possession to the goods in question. He must not only have property absolute or qualified, and the right of possession at the time of the commencement of the action, but he must have the exclusive right of possession.&rdquo;</div> <br /> <u>Hunt v. Chambers</u>, 21 N.J.L. 620, 623 (E. &amp; A. 1845). Notably, a replevin claim also requires unlawful detention after a demand for the property has been made. A claim for replevin also exists despite the fact that a defendant is no longer in possession of the property at issue. <u>See</u> <u>id.</u> at 257 (&ldquo;When one has wrongfully detained property and refused it on demand he is liable in an action in replevin even though it may not remain in his possession when the suit is brought&rdquo;).<br /> <br /> Thus, replevin allows for retrieval of property under different circumstances beyond what most people would consider theft or stealing. It is a flexible and expedient cause of action that is especially effective in situations where the underlying property is unique or priceless. In practice, it often makes sense to file this action in Chancery and combine it with an Order to Show Cause seeking temporary restraints. This combination works well because it accelerates the process and can help protect the property from damage or destruction. <br />Lite DePalma Greenberg Law Blog07 Nov 2019 00:00:00 -0800 to Worker Classification Enforcement Law in New Jersey New Jersey Department of Labor has recently partnered with the United States Department of Labor to remedy the improper classification of employees as independent contractors. As set forth below, misclassification of employees has become a prominent issue to Governor Phil Murphy and his administration. <br /> <br /> First, in determining whether a contractor is truly independent or should be a company employee, New Jersey uses the &ldquo;ABC&rdquo; test. To comply, an employer must establish that each independent contractor: (A) is free from direction and control; (B) provides a service outside the employer&rsquo;s usual course of business or places of business; and (C) is engaged in an independently established trade, occupation, or business. <br /> <br /> In some instances, applying the &ldquo;ABC&rdquo; test is straightforward. For example, a transportation company that deems its truck drivers to be independent contractors is virtually certain to be in violation of the &ldquo;ABC&rdquo; test. If the truck driver is controlled by the employer; provides pertinent services to the employer within the business model; and works to further the employer&rsquo;s business, that driver is not an independent contractor. <br /> <br /> Alternatively, in many other scenarios, the &ldquo;ABC&rdquo; test is not so easily utilized. For example, a group of businesses in a shared office space could hire a joint office clerk as an independent contractor, and the clerk would not be eligible for various employment benefits and protections. This classification could benefit the employer, to the detriment of the worker. However, if the clerk is controlled by a business; services a business; and is not otherwise engaged independently, he or she should be granted employee status. Employers and employees alike often face confusion regarding whether part-time, seasonal, or temporary workers should be classified as employees or independent contractors. Thus, classification is important and should be analyzed by employers and workers prior to the commencement of any employment. <br /> <br /> Consequently, the New Jersey Department of Labor has become heavily involved in recent months to address potential misclassification. While some workers may desire independent contractor status for personal reasons and/or to retain independence, the State of New Jersey is nevertheless concerned that such workers are being denied employment protections such as overtime, workers&rsquo; compensation benefits, unemployment, insurance, and other associated amenities. Additionally, employers of independent contractors do not pay into the tax system. Thus, the State of New Jersey is concerned that, in some situations, employers may be intentionally misclassifying their workers to avoid the above expenses and liabilities. <br /> <br /> Among other actions, Governor Murphy has established a Task Force on Employee Misclassification to inspect the extent of misclassification by New Jersey companies and to find remedies to cure such activities. Moreover, Governor Murphy signed Bill A-108/S-2557 into law. This new law grants the New Jersey Department of Labor authority to levy significant civil penalties against employers who have misclassified workers. The Murphy Administration has cautioned the public to undertake a careful analysis of the &ldquo;ABC&rdquo; test and to determine whether workers are being denied benefits unlawfully, prior to potential Department of Labor intervention. <br /> <br /> Therefore, it is highly advisable that employers and workers consult with counsel to ensure compliance with the &ldquo;ABC&rdquo; test. Hiring independent contractors can be advantageous in some situations; however, the &ldquo;ABC&rdquo; test must first be meaningfully applied. <br /> <br />Lite DePalma Greenberg Law Blog24 Oct 2019 00:00:00 -0800 beware: Wage-history questions are out of the question. new wage equity law that affects employers and workers alike will soon take effect in New Jersey. The law forbids employers from screening job applicants based on the applicant&rsquo;s prior salary history, which includes prior wages, salary and benefits.<br /> <br /> The bill has been hailed as a substantial victory for the advancement of gender pay equity. According to women&rsquo;s advocacy groups, using past wages as a base for salary offers is a key reason why sizeable pay gaps still endure today. As New Jersey State Senator Loretta Weinberg explained in a recent New York Times article, &ldquo;[t]he new laws are designed to protect job seekers . . . from receiving starting salaries that are tied to low past salaries. This is mostly aimed at women[.] The idea is that if a woman is paid less from the get-go, and then limited by her past salary at each subsequent job, it may be impossible for her to catch up.&rdquo; It is thus argued that, as a result of the ban, potential employers and job candidates will negotiate salaries focused specifically on qualifications and the requirements for the job set to a salary as opposed to other, more nefarious considerations. <br /> <br /> If employers fail to comply, the new law provides for a private right of action. Furthermore, employers will face civil penalties in the range of $1,000 for a first offense, $2,000 for a second offense, and $10,000 for all subsequent offenses. Nonetheless, proving a violation may be difficult because the law does not explicitly define what conduct would be deemed a single violation for purposes of determining penalties.<br /> <br /> While the new law provides great protections to potential employees, it also includes express examples of acceptable actions by employers and exceptions from coverage in specific areas. First, if an employer has a multistate job application that includes operations in other states, the employer can ask a salary-history question with a disclaimer that an applicant for a position located in New Jersey is instructed not to answer. Second, if an applicant voluntarily provides information pertaining to his or her salary history, an employer may verify the validity of the information provided and may use that information in setting an applicant&rsquo;s compensation. Third, the law does not apply to internal transfers or promotions within an organization. Fourth, an employer can discuss the &ldquo;terms and conditions&rdquo; of incentive and compensation plans that the applicant was previously subject to; however, the employer cannot ask about the specific dollar amount involved in the plans.<br /> <br /> New Jersey is far from the first place in the United States to pass legislation of this kind. Similar bills have been signed in recent years in places like Illinois, Massachusetts, New York, and Pennsylvania. Recently, in Philadelphia, a local wage equity law faced instant criticism from large companies and the City&rsquo;s Chamber of Commerce, who argued that the law created an anti-business environment within the City and that it was a violation of their First Amendment commercial speech rights. A lawsuit was eventually filed against this City on these grounds and that matter is currently before the Third Circuit Court of Appeals. Undoubted, a ruling declaring Philadelphia&rsquo;s wage equity law unconstitutional would have a significant impact on New Jersey&rsquo;s implementation of the bill.<br /> <br /> New Jersey&rsquo;s law does not go into effect until January 2020. In the meantime, New Jersey employers should thoroughly assess the substance of their job applications, interview guidelines and templates, and recruiter instructions to ensure compliance with the law. Moreover, multistate employers should conduct surveys of each state and municipality where they operate to determine the scope and applicability of local wage-disparity laws. <br />Lite DePalma Greenberg Law Blog10 Oct 2019 00:00:00 -0800