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10.25.2022
New Jersey Updates Guidance Regarding Employer Suspicion of Cannabis Use in the Workplace
(Click here to view the printable PDF) The New Jersey Cannabis Regulatory, Enforcement, Assistance, and Marketplace Modernization Act (“CREAMMA”) prohibits New Jersey employers from taking adverse employment actions against employees who lawfully use cannabis outside of work. However, the Act permits employers to make employment decisions if employees are under the influence at work, but […]
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08.10.2022
New Court Decision Highlights Stringent Proofs Necessary to Establish Independent Contractor Status Under New Jersey Law
(Click here for printable PDF) The New Jersey Supreme Court just issued a decision once again highlighting the extreme difficulty businesses face when attempting to establish a worker has been properly classified as an independent contractor and not an employee. The Court, in East Bay Drywall, LLC v. Department of Labor (A-7-21) (August 2, 2002) […]
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08.08.2022
NJ Court Holds First Amendment Does Not Protect Private Employees’ Free Speech Rights for Racially Insensitive Social Media Posts
(Click here for printable PDF) The New Jersey Appellate Division prohibited a private employee from relying on freedom of speech to support her wrongful termination lawsuit. Specifically, the court found that a private employer had the authority to fire their at-will employee, Heather McVey, for making racially insensitive remarks about Black Lives Matter on her […]
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05.27.2022
While Courts Often Uphold Arbitration Awards, the Underlying Arbitration Agreement Faces a More Stringent Review When Challenged
(Click here for printable PDF) The Court of Appeals for the Third Circuit recently upheld an arbitration award finding that an employee must repay his former employer bonuses advanced to him. The employee attempted to overturn the award through the courts. However, two courts upheld the award, reminding litigants that they will face an uphill battle to […]
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Gregory Palakow
Greg has handled hundreds of highly specialized litigated matters in over 25 years of practice. Greg now focuses this practice by representing the rights and interests of healthcare providers, including licensed nursing home and long-term care facilities, hospital networks, rehabilitation hospitals, adult day care centers, home health agencies, ambulatory surgery centers, physician practices, fiduciaries and licensed financial institutions. This unique experience has given Greg the opportunity to successfully resolve hundreds of state and federal appeals related to regulatory enforcement and recovery actions. Prior to our successful representation, some of these matters have threatened the viability of the operation of these licensed facilities due to nursing home survey deficiency citations, sizeable civil money penalties, regulatory threats to facility licensure, or denials of payment by CMS. Greg has also handled complicated state actions related to the oversight of Medicaid funding, and managed care contracting and reimbursement issues.