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Articles by Genova Burns
Third Circuit Further Narrows Employer Remedy Under Federal Computer Fraud And Abuse Act
What can an employer do when its employee accesses data in a way that violates company policy? In the past, one avenue for relief was the Computer Fraud and Abuse Act (CFAA), a federal statute that creates the potential for both civil and criminal liability for individuals who "intentionally accesses a computer without authorization or exceeds authorized access." CFAA, 18 U.S.C. § 1030(a)(2).
This story is copyrighted by Genova Burns … or maybe not
As artificial intelligence continues to revolutionize content creation, questions surrounding intellectual property rights have become increasingly complex. One of the key dilemmas centers around ownership: Who rightfully possesses the content generated by AI systems? Is it the user who inputs the initial data and parameters, or does ownership lie with the AI itself, as the creator of the output?
How to survive commercial real estate industry in 2024
“Survive to ’25” has become a popular phrase among professionals in commercial real estate — because everyone in the industry knows 2024 is going to be a rocky year. Each of the players in the venerable trifecta of tenant, landlord and lender are having problems of their own. Consider: Commercial tenants: Those in office are still addressing the problems that began or were crystalized by COVID.
You can say what in workplace? Recent decision raises questions
On July 29, the U.S. District Court for the District of New Jersey in Tavares v. Builders FirstSource Northeast Group Inc., granted the defendant’s motion for summary judgment, most notably finding that racist and sexual comments that the plaintiff used to support his claim of hostile work environment did not rise to the “severe and pervasive” standard necessary to support a claim. At first blush, this was an odd and seemingly surprising result.
Dispute Over Unsigned Arbitration Agreement Means Judge Must Wear Detective's Cap
On July 18, 2022, the New Jersey Appellate Division provided a perfect reminder why all employers and HR professionals should diligently confirm that new hires complete all on-boarding paperwork.
Princeton Pays 1M in Gender-Based Pay Discrimination Settlement
Princeton University recently agreed to pay nearly $1 million in cumulative back wages to 106 female professors whom the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) found to be victims of gender-based pay discrimination. The OFCCP enforces Executive Order 11246, which makes it unlawful for employers that are government contractors to engage in gender-based compensation discrimination.
OSHA issues pertaining to COVID-19
Genova Burns Douglas Solomon of Genova Burns. The current coronavirus pandemic, or COVID-19, presents many complex situations for employers and their respective workforces. While management is trying to navigate the maze of wage and hour issues, FMLA and ADA leave, remote workspaces, and child care, they must also keep in mind their legal obligation to keep employees safe pursuant to the Occupational Safety and Health Act, or OSHA.
How to be a rainmaker … by a lawyer who is not one
Genova Burns LLC Brigette N. Eagan is counsel in Genova Burns LLC’s Newark office. I’ve been an employment attorney for 22 years, and I know employment law backwards and forwards. Complicated issues are funneled to me because I can find those creative, but, ultimately, simple solutions for employers who find themselves in employment-related jams. If I have become this go-to resource, why, then, do I not have clients of my own?
Another Part of Tough NJ Wage Payment Law Takes Effect Soon
Another segment of New Jersey’s new, tougher wage theft law takes effect November 1. Source: Shchus / shutterstock Most of the new law, which increases the penalties for employers that fail to pay wages owed under state law, is already in effect. That law makes New Jersey one of the most aggressive states in the nation for wage and hour and employee misclassification enforcement.
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