On May 31, 2012, the Senate approved a bill (S455) that would prohibit employers from seeking credit checks on employees or applicants under most circumstances. A detailed discussion of that bill appeared in the February 2012 issue of the New Jersey eAuthority. The bill now heads to the Assembly for its consideration, where the bill already has several supporters. A parallel bill (A2840) was introduced by the Assembly on May 11, 2012, and a similar bill (A704) was introduced in December of last year.
Because change orders are ubiquitous in the construction industry, they are often prepared with less scrutiny and attention to detail than is needed. Each change order is intended to be a modification to the original (prime or sub) contract. Because they have such significant implications, parties should treat each change order with care. In the heat of a busy job, brevity is tempting, but this can lead to confusion and disagreement later on.
On June 26, 2013, the Supreme Court of the United States issued its decision in United States v. Windsor. The Court ruled that a provision of the federal Defense of Marriage Act (DOMA), which had denied federal benefits to same-sex partners, is unconstitutional. The legal impact of the Supreme Court’s ruling means that same-sex spouses
Courts often do not clearly articulate what are key arguments in defending an action under the Employee Retirement Income Security Act of 1974 (ERISA) involving a claim for benefits based on subjective complaints. However, the stars recently aligned and U.S. District Judge Michael W. Fitzgerald of the Central District of California did just that in Haber v. Reliance Standard Life Insurance Company, No. 14-9566, 2016 WL 4154917 (August 4, 2016). He concluded that the plaintiff Orly Haber did not prove that her upper extremity pain complaints were severe enough to preclude her from performing an occupation normally performed in the national economy for which she was reasonably suited based upon her education, training, or experience (the “any occupation” standard).