Uncategorized Archives - Malamut & Associates

Misdiagnosis and Medical Errors: Legal Recourse for Patients

When you receive medical care, it’s reasonable to expect a certain level of professionalism and expertise. After all, healthcare is absolutely a matter of life and death. That’s why medical professionals of all types are legally bound to administer appropriate treatment from the moment they agree to provide medical care to a patient. Unfortunately, medical professionals are human, and they are capable of making errors. Misdiagnoses, failure to diagnose, prescription errors, and surgical errors are all examples of medical errors…

Red Flags: Signs Your Termination Might Be Unlawful

As many as 150,000 employees are wrongfully terminated yearly. Unfortunately, data in this area can be difficult to collect, as employers will almost always try to cover their tracks when firing an employee for illegal reasons. They will likely try to obscure the true reason for terminating an employee by saying they performed poorly at work, were frequently late, or for other seemingly legitimate reasons. As an employee who was wrongfully terminated, it’s up to you to be aware of…

May an Applicant Demand That Seven Members of a Planning Board act on a use Variance?

May an applicant demand that seven members of a planning board act on a use variance?

Temporary Workers and Anti-Retaliation Provisions: Is it Time to Update Your Policy?

Update your policies. The temporary workers and anti-retaliation provisions are out.

Cannabis in New Jersey – Still Half-baked Two Years Later

By Scott Miccio Two years ago, voters went to the polls in New Jersey and overwhelmingly supported the legalization of recreational cannabis sales and use. Over two-thirds of those who voted, supported the measure. Two-thirds! These days, two out of three people can’t agree on much, like whether a hot dog is a sandwich (it is, by the way), but on this, New Jerseyans were in lockstep. Since then, much has happened, but the industry has yet to hit its…

My Employer owes me money. What can I do? An article discussing wage theft in 2022.

By Christopher Keating State and federal laws require that workers be paid on time and in full, and there are several avenues that employees can pursue to recover money they are owed. This includes late or “light” paychecks, unpaid commissions, or unpaid or underpaid overtime wages, which may be due to willful or negligent acts of the employer or due to employees being misclassified as independent contractors. Common violations I see in practice include: Employer incorrectly tells employees they do…

Daniel’s Law – Be Prepared

In response to the tragic shooting of Judge Esther Salas’ son, Daniel, New Jersey adopted Daniel’s Law in order to protect the personal information of qualifying public servants. Daniel’s Law permits judges, prosecutors, and law enforcement members to request that certain personal information, like property addresses, not be shared with the public. The most recent amendment to Daniel’s Law created the Office of Information Privacy (OIP) to carry out the mandates of Daniel’s Law. Under the leadership of Director Christine Campbell, the…

Bill A2617, a worker’s rights bill, Passes the state Assembly.

Author: Alfred Tumolo On June 24th, the New Jersey State Assembly unanimously passed bill A2617, sending it on to Governor Murphy to soon become law. Under A2617, employers must give a hiring preference to their injured workers who cannot return to the same position after they have been discharged from medical treatment. This is not an amendment to New Jersey’s law against discrimination which requires a reasonable accommodation for a disabled worker, but instead it would modify the Worker’s compensation…

NJ Supreme Court Ruled that an Employer Has To Reimburse an Employee for Medical Marijuana Expenses

Author: Alfred Tumolo On April 13th, 2021, The New Jersey Supreme Court affirmed the decision of the Appellate division in Vincent Hager v. M&K Construction and held that Hager had presented sufficient credible evidence establishing that medical marijuana from New Jersey’s Medical Marijuana Program was reasonable and necessary treatment. The employer must reimburse the costs and expenses associated with Hager’s medical marijuana use for his work-related injury. Vincent Hager suffered serious injuries while working for M&K Construction in 2001 when…

Digging up the Dirt on Toxic Soil

State regulation of contaminated soil hauling is finally a reality April 20, 2020 was the deadline for unlicensed soil and debris fill businesses to register with the Attorney General The influence of organized crime in the solid waste hauling industry is embedded in New Jersey culture. Aggressive state laws, including the “A-901” program, long ago sought to eliminate the infiltration of organized crime through an exhaustive licensing process, including far-reaching background checks. Left unregulated, by comparison, but no less susceptible…

Misdiagnosis and Medical Errors: Legal Recourse for Patients

Red Flags: Signs Your Termination Might Be Unlawful

May an Applicant Demand That Seven Members of a Planning Board act on a use Variance?

Temporary Workers and Anti-Retaliation Provisions: Is it Time to Update Your Policy?

Cannabis in New Jersey – Still Half-baked Two Years Later

My Employer owes me money. What can I do? An article discussing wage theft in 2022.

Daniel’s Law – Be Prepared

Bill A2617, a worker’s rights bill, Passes the state Assembly.

NJ Supreme Court Ruled that an Employer Has To Reimburse an Employee for Medical Marijuana Expenses

Digging up the Dirt on Toxic Soil

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