On August 7, 2015, Dylan Dindial was elected to the Board of Directors of the National Employment Lawyers Association- New Jersey chapter.
Employment Attorneys Serving Northern and Central New Jersey
On July 21, 2015. Partner Jon Green was the sole speaker for the segment “Employment Discrimination” at the New Jersey Continuing Institute of Legal Education’s 2015 Labor and Employment Law Summer Institute held at the New Jersey Law Center in New Brunswick, N.J.
On June 25, 2015. Partners Glen Savits and Jon Green moderated two separate programs in Atlanta, Georgia at the 2015 National Employment Lawyers Association convention. Glen moderated an ethics panel entitled ‘Dealing With Difficult People’ and Jon moderated a program on the common interest privilege entitled ‘Common Interest Doctrines: A Double Edged Sword’.”
Glen Savits was interviewed in connection with an article published on June 24, 2015 by the New Jersey Law Journal entitled "Whistleblower Ruling Draws Fire From Employment Bar." This article discusses the New Jersey Supreme Court's decision in State v. Saavedra, where the justices ruled 6-1 to uphold an Appellate Division decision that defendant Ivonne Saavedra could be prosecuted for theft and official misconduct for taking documents from her former employer, against which she had filed a lawsuit alleging that she was the victim of gender, sexual and ethnic discrimination.The high court said its 2010 decision in Quinlan v. Curtiss-Wright—which held that, under certain circumstances, employers could not fire employees for taking confidential documents—had no bearing on whether criminal charges could be brought for such conduct. Mr. Savits called it "a terrible decision" when interviewed by the Law Journal. "Clearly this will create a chilling effect on potential whistleblowers if they feel that, 'Gee, if I copy certain documents, I'm going to be prosecuted criminally.' . . . It's something I think management attorneys are going to love because [employers] can tell people, 'If you take anything you can be prosecuted.'"
On June 5, 2015, Jon Green was a speaker for two different programs at the New Jersey Institute of Continuing Legal Education's annual 2015 Hot Tips in Labor and Employment Law seminar held at the New Jersey Bar Center in New Brunswick, N.J. The first program addressed the damages that can be awarded under the New Jersey Law Against Discrimination. The second program addressed ethical issues that can arise in employment litigation.
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
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.