Leah Vidal

Attention Hiring Parties: New York’s Freelance Isn’t Free Act Takes Effect August 28, 2024. The new state law mirrors New York City’s law of the same name. NYS FIFA will only apply to contracts entered into on and after August 28, 2024. The new state law defines a freelance worker as a person or single-member organization hired or retained as an independent contractor to provide services in exchange for an amount greater than or equal to $800 in any 120-day period. Sales representatives (as defined in New York Labor Law § 791-a), attorneys, licensed medical professionals and construction contractors are not considered freelancers and are thus not protected under NYS FIFA. Under NYS FIFA, the hiring party must provide the freelancer with a written contract that includes specific terms of engagement between the parties. Freelancers alleging violations of NYS FIFA can file an action in any court of competent jurisdiction, including the New York State Supreme Court. Hiring parties are advised to review any existing contracts and contract templates to ensure that existing and future independent contractor arrangements are compliant with the new law. Read more about NYS FIFA in the Client Alert from our Labor & Employment lawyers – Jeffrey Englander, Keith Markel, John B. Fulfree, Cassandra Branch, Alana Mildner Smolow and Kayla West. Our team is available to help hiring parties navigate compliance with the requirements of NYS FIFA and the analogous New York City law, in addition to providing other guidance regarding freelancers, independent contractors, employee classification and related wage and hour issues. https://lnkd.in/eWt-mGi6 #LaborLaw #EmploymentLaw #NewYorkLaborLaw

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🚨 NJ Appellate Division Decision – Jurisdictional Law on Sex Abuse Litigation 🚨 On February 28, 2024, the NJ Appellate Division decided E.T., A.M., A.R., and others v. The Boys and Girls Clubs of America, reversing the lower court's decision that New Jersey courts have specific personal jurisdiction over the Boys and Girls Clubs of America (BGCA) in a case involving allegations of sexual abuse by a counselor within The Boys and Girls Clubs of Hudson County. This pivotal decision highlights the complexities of jurisdictional law, particularly in cases involving national organizations with local affiliates.   In this case, the plaintiffs alleged they were sexually abused by Arthur Freudenberg, a part-time counselor for the Hudson County BGC, between approximately 1978 and 1982. They sought compensatory and punitive damages from the local entity and the national organization, BGCA. However, jurisdictional discovery showed that BGCA, based in Georgia, did not have direct control over the local club's hiring, training, or supervision practices, including those of Freudenberg. The Appellate Division found that BGCA's connection to New Jersey, through affiliation and brand used by the Hudson County BGC, did not constitute purposeful availment of New Jersey jurisdiction concerning the allegations.   This decision significantly marks the limits of specific personal jurisdiction and underscores the need for clarity in the operational relationships between national organizations and their local affiliates.   Read the Full Decision Here: https://lnkd.in/ePagx6NE   Stay informed with regular legal updates from our team of former prosecutors at the Bianchi Law Group. Follow us for insightful commentary and legal analysis on criminal defense, domestic violence, and municipal court cases.   Need legal assistance or looking to refer a case? Don't hesitate to call us 24/7 at (862) 315-7929. #FormerProsecutors #CriminalDefense #DomesticViolence #DWI #DUI #NJ No aspect of this advertisement has been approved by the Supreme Court of #NewJersey   🛡️ TEAM OF FORMER PROSECUTORS 🛡️ Robert (Bob) Bianchi, Esq. David Bruno, Esq. Danielle Esposito, Esq. Christopher A. Eaton, Esq. Paul A. Di Lella, Esq. Tricia Howarth Margolis Esq. Christina Hall, Esq. Maura Lynch Robert Esnes Alessandro Amato

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Unlock the power of good law with NJAJ! 📜 We advocate for justice by appearing as amicus in cases before the New Jersey Supreme Court and the Appellate Division. Explore our website for a glimpse into the impactful cases we've been involved in. 💼💡 #NJAJ #AdvocacyForJustice

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🚨 New NJ Appellate Division Decision – Fourth Amendment Rights 🚨 On February 7, 2024, the Superior Court of New Jersey, Appellate Division decided State v. Haskins, examining the retroactive application of State v. Smith concerning traffic stops for tinted windows. The court deemed Haskins' appeal within the "pipeline," despite the appeal filed after the Smith decision. Khalil H. Haskins faced a traffic stop for tinted windows, which led to the seizure of illegal substances and a firearm. The motion to suppress the evidence was denied, based on State v. Cohen. However, Haskins contended the stop was unlawful under State v. Smith, which redefined reasonable suspicion for window tints. The appellate court, analyzing the retroactivity of Smith, applied a three-step process: confirming Smith as a new rule, considering its purpose for enhancing fact-finding, and assessing the impact on the administration of justice. Choosing pipeline retroactivity, the court vacated the denial of the motion to suppress, remanding the case for a review under the Smith standards, and directed that a new judge oversee the proceedings to ensure impartiality. You can read the entire case here - https://lnkd.in/eH9QGm-v Stay informed with regular legal updates from our team of former prosecutors at the Bianchi Law Group. Follow us for insightful commentary and legal analysis on criminal defense, domestic violence, and municipal court cases. 👨‍⚖️ Need legal assistance or looking to refer a case? 📲 Don't hesitate to call us 24/7 at (862) 315-7929. #FormerProsecutors #CriminalDefense #DomesticViolence #DWI #DUI #NJ #NewJersey No aspect of this advertisement has been approved by the Supreme Court of #NewJersey  🛡️ TEAM OF FORMER PROSECUTORS 🛡️ Robert (Bob) Bianchi, Esq. David Bruno, Esq. Danielle Esposito Christopher A. Eaton, Esq. Paul A. Di Lella Tricia Howarth Margolis Esq. Christina Hall Maura Lynch Robert Esnes Alessandro Amato

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🏙 New York Wednesday Job Market Update 🏙 Current Am Law 200 and elite boutique law firm openings in New York: ⚖️ Litigation: 108 👔 Corporate Law: 98 Please feel free to reach out to discuss firms and class year. #NewYorkLegalJobs #LegalRecruitment #CorporateLaw #Litigation #NewYorkWednesday

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