EANJ - In the Courts

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	In the Courts

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In the Courts

To advance the interests of New Jersey’s employers, John Sarno, EANJ’s president, seeks permission to intervene in high-impact court cases. Not merely taking an advocacy role, EANJ has submitted legal briefs explaining complex economic issues that are specific to the state’s business community and has also engaged in oral argument to help inform the courts about the impact of their decisions on employers.

D'Annunzio v. Prudential Insurance Company
NJ Supreme Court (2007) Seeking the reversal of an appellate court decision holding that an independent contractor has standing to sue as a whistleblower under the NJ Conscientious Employee Protection Act. The Court holds that an Independent Contractor could have standing to sue if the Independent Contractor is under the direction and control of the employer and where the Independent Contractor is performing core services of the organization. Legal Brief (PDF document) Read the Appellate Court's Decision Here Read the NJ Supreme Court's Decision
Gerety v. Hilton Casino Resort
NJ Supreme Court (2005) Holding that a woman who is disabled due to her pregnancy and who takes 180 days off from work is not entitled to additional leave if men with disabilities are required to adhere to the same 180-day maximum. Legal Brief (PDF document) Read the Court's Decision Here View Oral Argument Here
In the Matter of NJAC 13:13, subchapter 2 (2005)
Opposition to NJ Division on Civil Rights proposed regulation requiring employers to consider granting a leave of absence to accommodate employees with disabilities. Legal Brief (PDF document) Read DCR Regulation Here
In the Matter of NJAC 13:14, NJ Family Act Rules (2007)
Requesting that the NJ Division of Civil Rights clarify regulations under the state leave law so that they can be more clearly understood and followed by employers. Legal Brief (PDF Document) Read the DCR Current Regulations here (PDF Document) Read the DCR Proposed Regulations here DCR Addresses EANJ's Comments and Adopts New Rules (PDF Document)
Maw v. Advanced Clinical Communications, Inc.
NJ Supreme Court (2004) Holding that the refusal to sign a non-competition agreement does not constitute legally protected whistleblowing activity. Legal Brief (PDF Document) Read the Court's Decision Here
Response to "Notice of Proposed Rulemaking to Amend the Family and Medical Leave Act Regulations" (2008)
Requesting that the US Department of Labor clarify regulations under the Family and Medical Leave Act. Legal Brief (PDF Document) FMLA Notice of Proposed Rulemaking Website
Response to “Request for Information on the Family and Medical Leave Act of 1993” (2007)
Requesting that the US Department of Labor clarify regulations under the Family and Medical Leave Act. Legal Brief (PDF Document) Read the Current DOL Regulations here Read the DOL Report on the Comments here
Steen v. Resorts International Hotel and Casino
NJ Appellate Division (2006) Seeking the publication of an important decision that provides a “safe haven” for employers that take effective measures to prevent workplace harassment. Legal Brief (PDF document) Read the Court's Decision Here

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Employers Association of New Jersey
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EANJ is a nonprofit trade association dedicated to improving employer-employee relations and facilitating the exchange of information among employers. It does not render legal services, offer legal opinion or engage in the practice of law.

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