Experience   Dedication   Wisdom

For more than a century, Clifton Budd & DeMaria has represented management in labor and employment law matters. We provide management with legal services related to all aspects of the employer-employee relationship. We are committed to providing the highest quality legal services to all clients. We work closely with them to help solve their problems and attain their business objectives.

Recent Developments

New Jersey Limits Criminal History Questions

by Daniel W. Morris

Last week, New Jersey Governor Chris Christie signed legislation that will prohibit most New Jersey employers from asking about an applicant's criminal history until after the first interview is completed. As a result, New Jersey employers covered by this law should review their employment application process to ensure their process and procedures comply with the provisions of the law.

EEOC Finds FMLA-Compliant Policy Unlawful

by Daniel W. Morris

Princeton HealthCare System recently settled a lawsuit brought by the U.S. Equal Employment Opportunity Commission alleging that its leave of absence policy violated the Americans with Disabilities Act. The settlement will require Princeton HealthCare to pay $1.35 million, undertake remedial measures, and be subject to compliance monitoring by the EEOC.

Federal Courts Issue Conflicting Rulings on Affordable Care Act

by Eva A. Rasmussen

Last week, two federal Courts issued conflicting rulings as to whether, under the Affordable Care Act ("ACA"), the IRS can authorize tax subsidies for individuals who purchase health insurance on an Exchange established by the federal government. The decisions create additional confusion about the implementation of the ACA.

PCORI Fees Due by July 31, 2014

by Eva A. Rasmussen

The ACA imposed a new fee, the Patient Centered Outcome Research Institute (PCORI) fee on health insurers for insured plans and plan sponsors for self-insured plans. These fees will help pay for research to evaluate and compare the effectiveness and risks of different medical treatments, services and drugs.

A $1.35 Million Error... Discrimination, In Reverse

by Scott M. Wich

When making employment decisions, seasoned human resources managers are well-versed in avoiding adverse actions based on "traditional" protected classes. However, what if the affected employee is an American-born, White male?