Author Archives: Jay Butchko
Is Color Discrimination the Same Thing as Race Discrimination?
The New Jersey Law Against discrimination (LAD) is a state law that protects workers against job-related discrimination, including both racial discrimination and color discrimination. These two types of workplace discrimination are closely linked, but they are not the same thing. Here, our New Jersey race discrimination attorney provides an overview of the key things… Read More »
Do I Need to Go to a Notary to Set Up My POA in New Jersey?
You should set up a power of attorney (POA) as part of your estate plan. A POA helps to empower a trusted loved one to act on your behalf if you become temporarily or permanently unable to do so. This raises an important question: Does a POA document need to be notarized? In New… Read More »
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 »