On May 12, 2015, United States District Court Judge Freda Wolfson denied in substantial part a motion to dismiss the amended complaint filed on September 19, 2014 in Trenton, N.J. federal district court in Morgan v. Martinez, 3:14-cv-02468-FLW-LHG. Jon Green, acting as local counsel to Americans United for Separation of Church and State of Washington, D.C., filed suit on behalf of Shannon Morgan who contended that her rights under the First Amendment to the United States Constitution had been violated because the New Jersey Motor Vehicle Commission refused to accept her on-line application for a vanity license plate that would have read “8THEIST”. When she then typed in the word “BAPTIST” on the Motor Vehicle Commission website, that application was accepted. Ms. Morgan did not purchase a vanity license plate with the word “BAPTIST”. She then followed up with an email, telephone calls and a letter sent return receipt requested to the Motor Vehicle Commission ("MVC") that went unanswered as to why her request to place the word “8THEIST” on her license plate was objectionable. She initially filed suit in April 2014. The MVC filed a motion to dismiss contending that 1) it would honor a second paper request after her lawsuit had been filed for the license plate she sought and 2) that the on-line denial of her license plate application was a 'computer glitch' that had be rectified; and 3) that she had no viable lawsuit because she could then purchase the personalized license plate that read "8theist". Ms. Morgan applied some time later on line for the same license plate and was again denied for the same exact reason. Ms. Morgan alleged in her amended complaint that the computer glitch was not fixed and that the regulation that gave the MVC authority to deny an application for personalized plates based on "connotations offensive to good taste and decency" was overbroad and violated on its face the First Amendment's free speech guarantee. Judge Wolfson agreed with Ms. Morgan's attorneys' arguments when denying the MVC's motion except for ruling that Ms. Morgan's claim that the regulation gave the MVC "unbridled discretion" was duplicative of her other First Amendmen claims in the complaint. The case will now proceed to the discovery phase
Employment Attorneys Serving Northern and Central New Jersey
On April 18, 2015, Jon Green was a speaker at the 2015 National Conference on Equal Opportunity Law in Miami Beach, Florida presented by the American Bar Assoication's Labor and Employment Section. The program at which Mr. Green spoke was "Navigating the Ethical Minefield of Settlements and Releases in Multi-Plaintiff Cases." He presented the ethical issues that an attorney representing employees face when trying to settle a case where the attorney represents more than one client in a single employment case.
On March 2015, Jon Green and Glen Savits, were again selected as New Jersey Super Lawyers in the fields of Employment & Labor Law and Employment Litigation for Plaintiffs through a poll of New Jersey lawyers conducted by New Jersey Monthly magazine and the publisher Law & Politics. Mr. Green has been so chosen since 2006 and Mr. Savits has been so selected since 2009.
On February 20, 2015, Green Savits, LLC together with the Law Office of John G. Reckenbeil, LLC of Spartanburg, SC, filed a class action lawsuit against Sealed Air Corporation of Elmwood Park, NJ in federal district court in Newark. The lawsuit alleges that the named plaintiffs, Cathy Parker and Rick Hayden and similarly situated Sealed Air employees were retroactively denied 2012 bonus payments after they earned those bonuses under Sealed Air’s 2012 bonus policy. Sealed Air is one of the world’s largest packaging manufacturers and creator of Bubble Wrap. The company employs approximately 25,000 employees worldwide. For years, it has been Sealed Air’s policy to pay certain employees incentive based compensation through a specific formula. In addition to reaching certain sales goals, the employees were required to obtain a certain performance rating or score to become eligible for the bonus compensation. In early 2013, after eligible employees had received their rating score for 2012, Sealed Air decided to retroactively lower the rating score below the eligibility threshold of 15% of those who already fully performed under the preceding year’s incentive plan so as to deprive them of compensation they already earned.
The lawsuit alleges claims for breach of unilateral contract and violations of certain states’ wage payment acts.
On January 5, 2015, the New Jersey Law Journal published an op-ed article by Jon Green entitled "Employer Policies That Nullify Statutory Rights Will Undermine the Rule of Law". The commentary discussed two pending New Jersey Supreme Court appeals that will decide whether employers can use their policies to effectively repeal New Jersey statutes that were enacted to protect whistleblowers and victims of employment discrimination.
On November 12, 2014, Jon Green was a panelist for the New Jersey chapter of the National Employment Lawyers Association's dinner meeting seminar in New Brunswick, N.J. He was the plaintiff's speaker regarding conducting efficient discovery of electronic documents. The program was titled, "What You Don't Know About ESI Can Kill You".
On September 29, 2014, Green Savits relocated its offices to 25B Vreeland Road, Suite 207, Florham Park, N.J. 07932.