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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

Workplace Tests and Assessment Procedures May Be Illegal

by Robert A. Wiesen

Employers often use tests and assessment procedures to screen individuals for hire and promotion. There are many different types of such tests and procedures, including cognitive tests, personality tests, medical examinations, credit checks, and criminal background checks.

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.