February 8, 2024

Partner, David R. Dahan Coordinates Education Symposium Hosted by CAI

David R. Dahan recently coordinated and moderated the educational symposium – NJ Structural Integrity Legislation: Understanding Its Impact – hosted by the Community Associations Institute, Keystone Chapter’s NJ Regional Council. The event explored the recently passed law requiring capital reserves studies and specific structural inspections for primary load-bearing systems in New Jersey. David is the immediate past president of the Keystone Chapter and dedicates a significant portion of his practice to assisting in the governance and administration of Community Associations. HLS was a proud sponsor of this sold-out event.

February 5, 2024

Hyland Levin Shapiro Attorneys Attend Evesham Education Foundation Double Down Event

Will Dungey, Beau Wilson, Paige Joffe and Mariane Gardner, associates at Hyland Levin Shapiro, attended the Evesham Education Foundation Double Down event on Friday, February 2. They enjoyed a night of networking with colleagues, including interacting with property managers for the firm’s Homeowner and Condominium Association clients. The associates were also delighted to enjoy the ambiance and beautiful architecture of the Mansion on Main Street in Voorhees, New Jersey.  Proceeds raised from the event will be used to support the children enrolled in the Evesham Township School District.

December 5, 2023

CAI Gala and Annual Meeting

On November 30, 2023, Partner David R. Dahan along with colleagues, Beau C. Wilson and Zachary C. Friedman, attended the Community Associations Institute (“CAI”), Keystone Chapter’s 2023 Excellence Awards Gala & Annual Meeting.  The firm has been a member of the Chapter for years.  CAI is an international organization that provides education, networking events and resources to America’s 300,000+ residential condominium, cooperative, and homeowner associations, and to the professionals and suppliers who serve them.  It also has various legislative action committees to monitor and support or oppose various bills that affect associations.  CAI has 63 Chapters in the world.  The Chapter covers all of PA, Southern NJ and Northern Delaware.  David has been a member of the Chapter for as long as he can remember, has been on the Board for the last six years and served as President for 2023.  Throughout the years, David has authored many publications for the Chapter and presented numerous seminars at its events.  David will remain on the Board for one more year and will serve on its New Jersey Regional Council for 2023 which is responsible for planning education and networking events in Southern New Jersey.

David was honored to receive a plague to recognize his role as President.  Congratulations to David and we wish the Chapter continued success for years to come!

November 6, 2023

Megan Knowlton Balne Hosts Network Connect Event on Advocacy

Megan Knowlton Balne hosted a Network Connect Event at our firm on November 2, 2023. Megan serves on the Board of the South Jersey Chapter of the National Association of Women Business Owners. The Event focused on Advocacy and was attended by approximately 20 women business owners from South Jersey. Megan shared a presentation on the importance of civics education to advance advocacy.

September 1, 2023

Partner Megan Knowlton Balne Recognized by Best Lawyers: Ones to Watch® in America

Hyland Levin Shapiro LLP is pleased to announce that partner, Megan Knowlton Balne, has been selected by her peers for inclusion in the fourth edition of Best Lawyers: Ones to Watch® in America for her practice in Labor and Employment Law – Management; Commercial Litigation; and Litigation-Real Estate.  Best Lawyers:  Ones to Watch® recognizes lawyers who are earlier in their careers for their outstanding professional excellence in private practice.  For the 2024 edition of Best Lawyers: Ones to Watch® in America, more than 2.4 million votes were analyzed, which resulted in more than 25,000 lawyers honored in the new edition. The Best Lawyers list is based on an exhaustive peer-review survey in which leading attorneys cast votes on the legal abilities of other lawyers in their practice areas.  A description of the selection methodology can be viewed here.

Most recently, Megan was also honored by the New Jersey Law Journal as one of the Top Women in Law in 2022 and received the Katherine D. Hartman Outstanding Woman in the Profession Award from the Burlington County Bar Association for her outstanding leadership, dedication, mentorship and service to the Burlington County Bar Association and the surrounding community.

Megan can be reached at balne@hylandlevin.com or (856) 355.2936.


No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

February 13, 2023

Hyland Levin Shapiro Sponsors and Supports Evesham Education Foundation

Hyland Levin Shapiro is proud to sponsor and support the Evesham Education Foundation.  The Foundation is a non-profit organization formed to enhance and enrich the academic experience for students enrolled in Evesham Township Schools through various programs.  In addition, the Foundation supports partial funding on two additional programs (Literacy Support Program and Tier III Enrichment Extensions Program), technology, art and sport uniforms.  On February 10, 2023, the Foundation held its “Double Down on Evesham Education!” event at The Mansion on Main Street in Voorhees, NJ.  Attending from the firm was Partner, David Dahan, Beau Wilson and Will Dungey and their lovely wives.

February 7, 2023

COVID Discrimination Ruling Puts NJ Employers on Notice

What Happened:

Superior Court Judge, Judge Christopher Rafano, of Middlesex County, New Jersey ruled that an employee who takes leave due to COVID-19 symptoms was protected under New Jersey’s whistleblower and anti-discrimination laws and public policy mandates.

The employee, John Hollibaugh, was hired to manage a restaurant.  During his initial training Hollibaugh worked closely with a co-worker who tested positive for COVID-19.  While Hollibaugh did not experience any symptoms, he still quarantined for five days pursuant to CDC guidance.  After a second negative test result, he returned to work.  However, only a few days later he worked closely with another co-worker who experienced COVID-19 symptoms.  This time Hollibaugh developed many symptoms of COVID-19, including a fever, body aches, a sore throat, among others. Even with his symptoms, he still received negative test results.  Despite the negative result, Hollibaugh chose not to return to work until his symptoms had dissipated.  A few days after returning to work, he was dismissed from his job.

Hollibaugh sued his employer under the Conscientious Employee Protection Act (“CEPA”) and under a standard established by the New Jersey Supreme Court in its 1980 decision Pierce v. Ortho Pharmaceutical (“Pierce”).  Both CEPA and Pierce protect even at-will employees from wrongful discharge when the discharge is alleged to be contrary to public policy.  Additionally, Hollibaugh sued his employer the New Jersey Law Against Discrimination (“NJLAD”).  In examining the complaint, the Court held that he had pled “a causal nexus between his exercise of an established right grounded in public policy and his termination.”  The Court also held it was “satisfied there is a connection” that Hollibaugh “was fired within days of informing his employer that he was once against experiencing COVID-19 symptoms.”  Because Hollibaugh was able to plead this connection via his complaint, the parties will be forced to proceed into discovery and potentially a trial.

Why You Need To Know About This:

This is a case of first impression, meaning this presented a unique legal issue that had not been decided by New Jersey courts.  The decision grants protections under various New Jersey laws barring alleged retaliation, discrimination, and violations of public policy mandates.  It is a first of its kind ruling, at least in the form of a written judicial opinion, that provides protections to workers who experienced COVID symptoms.

What You Should Do:

This case is just one example of pitfalls that may befall any business.  New Jersey law places a high degree of concern for employee workplace safety and general employee protections, and businesses must be aware of which laws and public policy mandates impact them and their employees.  It is best to seek legal advice on any employment-related question before action is taken.  In order to avoid a costly lawsuit such as the one noted above, it is imperative to obtain up-to-date legal advice.  If you have any employment questions, we are ready to assist.

 


The contents of this article are for informational purposes only and none of these materials are offered, nor should they be construed, as legal advice or a legal opinion based on any specific facts or circumstances.

May 12, 2022

Hyland Levin Shapiro LLP Attorney, Opeyemi (Yemi) Akinde Appointed New Lawyer Trustee for the Gloucester County Bar Association

Hyland Levin Shapiro LLP attorney, Opeyemi (Yemi) Akinde has been appointed a New Lawyer Trustee for the Gloucester County Bar Association and will serve on its Board for the 2022-2023 term.

For over 100 years, the Gloucester County Bar Association has served the community at large by improving access to the legal system, facilitating professionalism in the legal community, and promoting justice for everyone. Yemi has been a member of the Gloucester County Bar Association for the two years, since the start of her clerkship with Gloucester County Assignment Judge Benjamin C. Telsey.  She is also a member of the New Jersey Bar Association and the Burlington County Bar Association.

Yemi is an associate in the Litigation and Employment Practice Groups at Hyland Levin Shapiro LLP, and devotes her practice to assisting businesses navigate – or avoid – the many stages of commercial litigation. Yemi is a graduate of Rutgers Law School (J.D., 2020), receiving the Myron Harkavy Graduation Prize for Most Promise as a Trial Lawyer. While in law school, Yemi served as President of the Labor & Employment Law Society, Secretary of the Moot Court Board, and successfully competed on the Rutgers National Trial Team, winning awards from the American Bar Association and other renowned legal organizations.

Yemi can be reached at akinde@hylandlevin.com or (856) 355-2999.

April 29, 2022

Partner Megan Knowlton Balne Receives The Katherine D. Hartman Outstanding Woman in the Profession Award

pic_megan_balne_newHyland Levin Shapiro LLP is pleased to announce that partner, Megan Knowlton Balne, received the Katherine D. Hartman Outstanding Woman in the Profession Award.  The Katherine D. Hartman Outstanding Woman in the Profession Award was created in 2015 by the Burlington County Bar Association’s Women in the Profession Committee.  The award honors a woman in the legal profession who demonstrates outstanding leadership, dedication, mentorship and service to the Burlington County Bar Association and the surrounding community.

“I am very humbled to be chosen as this year’s Woman in the Profession by the Burlington County Bar Association and it is an honor to be listed alongside the prior award recipients,” Balne states.  Balne received the award at a reception on April 27, 2022 attended by members of the bench and bar of Burlington County.  In her remarks accepting the award, Balne emphasized the importance of mentorship in her career and how she strives to be an example to others in the profession.

Megan leads the Employment Law Group at Hyland Levin Shapiro LLP, and devotes her practice to helping businesses stay compliant and grow sustainably.  Megan is a graduate of Rutgers University School of Law-Camden (J.D., magna cum laude, 2010) and Ramapo College (B.A. summa cum laude, 2007).  In 2016, Megan was recognized as New Leader of the Bar by the New Jersey Law Journal.  In 2019, Megan received the New Jersey State Bar Association Professional Achievement Award, and in 2020, Megan was recognized as a 40 Under 40 Award Recipient by NJ Biz.  Megan is the Chair of the Legal/Legislative Committee of the Human Resources Association of Southern New Jersey and will be installed as the Vice President of the Burlington County Bar Association in June.

Megan can be reached at balne@hylandlevin.com or (856) 355-2936.

January 13, 2022

SUPREME COURT ISSUES OPINIONS REGARDING COVID-19 VACCINE MANDATES

What Happened?

The Supreme Court issued two opinions today in the highly-watched cases regarding COVID-19 vaccine mandates.  Addressing the nation-wide vaccine mandates issued by OSHA covering employers with 100 or more employees, the Court found that the mandate exceeded OSHA’s statutory authority.  Specifically, the Court held that requiring vaccinations for all employees went far beyond addressing occupational hazards and regulating the health and safety of employees.

Why It Matters?

With the stay of the OSHA vaccine mandate upheld, covered employers are no longer under any compliance obligations previously imposed by the mandate.  Employers should, however, be prepared for new potential obligations as it is presumed that the Biden Administration could pursue executive action to implement its vaccination goals. Similarly, states and local governments will likely continue to issue their own vaccine mandates targeting specific industries or locations such as food establishments.

What Should you Do?

In a second opinion, the Court denied the stay targeting the CMS vaccine mandate applicable to healthcare facilities that receive federal funding.  The Court held that the unique and specific nature of healthcare facilities permitted this type of mandate and was within the applicable statutory authority of CMS.  As a result of this decision, covered health care employers will need to abide by the CMS vaccine mandate and do so by the first compliance date of January 27, 2022.  By that date covered employers are required to have developed and implemented policies and procedures addressing vaccinations and that all staff either: (a) have received at least one dose of a COVID-19 vaccine; (b) have a pending request for a qualifying exemption; (c) have been granted a request for a qualifying-exemption; or (d) Have identified as meriting a temporary delay as recommended by the Centers for Disease Control and Prevention.  Additional compliance deadlines will then follow.


HLS employment practice routinely assists employers in staying up to date and compliant with all COVID-related regulations and guidance.

Please feel free to contact Megan Knowlton Balne of Hyland Levin Shapiro’s employment practice group to answer any questions you may have.