Author Archives: Jay Butchko

Is FMLA Leave Paid?
Are you preparing to go on family leave or medical? If you are in a position that is covered by the federal Family and Medical Leave Act, you may be wondering: Is FMLA paid leave? Unfortunately, the answer is “no.” FMLA is job-protected leave, but it is unpaid. With that being said, New Jersey… Read More »

Estate Planning for Parents: How to Use Your Will to Name a Guardian
Parents need to set up a comprehensive, well-structured estate plan. One of the most important estate planning tasks for parents is to name a guardian for the child(ren). A guardian can take responsibility for a minor in the unthinkable event that something happens to the parent(s). Here, our New Jersey estate planning attorney for… Read More »

Can You Get Remote Work as a Reasonable Accommodation in New Jersey?
The New Jersey Law Against Discrimination (LAD) and the Americans With Disabilities Act (ADA) protect disabled job applicants and employees against discrimination in the workplace. A worker may be entitled to a reasonable accommodation under the LAD and/or ADA. You may be wondering: Can remote work be a reasonable accommodation for a disability? The… Read More »

Federal Court Rules that NLRA Preempts New Jersey Law
Recently, a federal court ruled that the National Labor Relations Act (NLRA) preempts New Jersey law in a whistleblower retaliation case. In Davis v. Benihana, Inc, the United States District Court for the District of New Jersey, the court found an employee—who filed a claim after being told to stop talking of wages in… Read More »

New Jersey Company Sued By the EEOC for Disability Discrimination
On July 17th, 2025, the Equal Employment Opportunity Commission (EEOC) announced that a company in New Jersey is facing a lawsuit for disability discrimination. Pearson Education, Inc. allegedly failed to make a good faith, interactive effort to provide reasonable accommodations to blind employees. Here, our New Jersey disability discrimination attorney discusses the allegations in… Read More »

Roofing Contractor in New Jersey Agrees to Pay More than $150,000 in Penalties
On July 21st, 2025, the Department of Labor (DOL) confirmed that a roofing contractor in New Jersey will pay more than $150,000 to resolve a workplace safety violation case. RRC Home Improvement Inc. was cited for violations after a number of different workers were reportedly observed without proper fall protection. Here, our New Jersey… Read More »

Legal Assistant Sues New Jersey Law Firm for Denial of Disability Accommodation
According to a report from Law 360, Suzanne Smith—a former legal assistant with the law firm James C. Maloney PC—has filed a lawsuit alleging that the firm failed to accommodate her disability. She was diagnosed with ureteral cancer and requested accommodation. She brought a claim for disability discrimination under the New Jersey Law Against… Read More »

Will a Revocable Living Trust Help Me Avoid Probate in New Jersey?
Probate has the potential to be a long, complicated process. For that reason, many people want to avoid it. A revocable living trust can be one of the most straightforward, cost-effective estate planning tools to limit your exposure to probate—or to potentially avoid it altogether. Here, our New Jersey revocable living trust attorney explains… Read More »

Final Phase of New York City App-Based Delivery Worker Minimum Wage is in Effect
On April 1st, 2025, New York City Mayor Eric Adams announced that the city’s full minimum wage for app-based delivery workers is in effect. Under the local ordinance, the minimum wage for app-based delivery drivers in New York City is $21.44. It will be adjusted annually to account for the rate of inflation. Here,… Read More »

What Happens if You Leave an IRA to Your Children?
Have you saved money in an IRA or Roth IRA? Given their tax advantages, Individual Retirement Accounts can be a great tool to build wealth. You can and should name a beneficiary for your IRA. You may be wondering: Can I leave my IRA to my children? The answer is “yes”—though, there are some… Read More »