News & Insights

Recent Court Victories for Environmental Stakeholders: What Do They Mean?

In an article written for The Legal Intelligencer, partner Charlie Dennen discusses two significant victories in both federal and state courts regarding environmental issues that impact the commonwealth of Pennsylvania. These cases serve as further notice to government agencies and the regulated community that  environmental stakeholders remain ubiquitous and  are keeping a close eye on any and all environmental happenings, no matter whether it is in support of or in opposition to laws, regulations, initiatives, or industry action. ...read more

Three's Company: Can a Nonsignatory to an Arbitration Agreement Compel or Be Compelled to Arbitrate?

The proliferation of arbitration agreements in consumer and business contracts presents challenges when a dispute, governed by an arbitration agreement, also involves claims against or advanced by a third party, who is not party to that arbitration agreement. ...read more

Impact of the 'Loper Bright' Decision on New Jersey State Deference

Attorneys Marc Rollo, Charlie Dennen and Thomas Tyrrell discuss in the New Jersey Law Journal article,” Impact of the ‘Loper Bright’ Decision on New Jersey State Deference” how the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo severely limits the ability of federal administrative agencies in the development, implementation and enforcement of their regulatory authorities. By eliminating the decades-old Chevron deference standard, nearly every federal regulation and action taken thereunder may be subject to non-deferential, or de novo,  judicial review of its underlying statutory charge. ...read more

Court Strikes Down Overtime Rule That Increased Salary Thresholds for Overtime Exemptions

On November 15, 2024, the United States District Court for the Eastern District of Texas set aside and vacated the United States Department of Labor (DOL) rule that expanded overtime eligibility for employees.  The rule had been issued by the DOL earlier this year, increasing the minimum salary levels for an exemption to the overtime requirements.  To qualify for what is known as a “white-collar” exemption to overtime, and in addition to other requirements, employers must pay employees a minimum salary. The minimum salary requirement had been $684 per week, or $35,568 annually.  Pursuant to the first part of the new DOL rule, which had already gone into effect on July 1, 2024, the minimum salary for an overtime exemption increased to $844 per week, or $43,888 annually.  The minimum salary was set to increase again on January 1, 2025 to $1,128 per week ($58,656 annually), meaning that employees who earned less than that amount would be generally entitled to overtime pay if they worked more than forty hours in a week. The court, however, struck down the entire rule and did so on a nationwide basis.  Thus, the minimum salary requirement for an overtime exemption is now $684 per week again ($35,568 annually).In setting aside the rule, the court reasoned that the DOL exceeded its authority by increasing the salary thresholds too high, which the court stated in essence created a “salary only” test for overtime exemption eligibility. The increase scheduled for January 2025, for example, would have resulted in a 65% increase from the $684 per week requirement. This was problematic because the Fair Labor Standards Act (FLSA), which sets forth the white-collar exemptions, provides for a job duties test as well for an overtime exemption, whereby employees must primarily perform certain executive, administrative, or professional duties to qualify for an overtime exemption.  The court explained that the DOL increases “effectively eliminate[d]” consideration of this other test. The DOL rule also provided for automatic increases to the minimum salary threshold every three years. The court held that the DOL also lacked this authority because the FLSA requires each increase to occur via regulation under the Administrative Procedure Act.Given this court ruling, the DOL increases to the minimum salary requirements are now null and void. However, employers must keep in mind that some states have minimum salary requirements that are greater than the requirement under the FLSA. And while the recent presidential election result may mean that the DOL will not appeal this court decision, it remains to be seen whether the new administration will enact a smaller increase to the minimum salary requirement.If you have any questions or need more information, please contact Douglas Diaz at ddiaz@archerlaw.com or 856-616-2614, or any member of Archer’s Labor and Employment Group.  ...read more

Understanding Your Obligations Under the Corporate Transparency Act (Updated November 2024)

QUESTION 6: WHAT IS A 25% OR MORE OWNERSHIP INTEREST?A person who owns or controls 25% or more of the ownership interests of the reporting company is a beneficial owner. Any of the following may be an ownership interest in a reporting company: ...read more

Forming a Business Entity: New Jersey, New York, Pennsylvania or Texas vs. Delaware

Clients often ask whether they should form their business entity in Delaware. Delaware is an ideal jurisdiction for public companies and private companies with venture capital and private equity investors. However, Delaware may not be ideal for a local business operating in New Jersey, New York, Pennsylvania, or Texas. For example, if a business is formed in Delaware, but will be operated in another state, the business will have to file papers and pay initial and likely annual fees in two states. For many clients, forming a business in New Jersey, New York, Pennsylvania or Texas is perfectly acceptable. This paper describes some of the advantages and disadvantages of forming a business entity in Delaware, and then outlines the initial and annual costs involved in forming a corporation or limited liability company in New Jersey, New York, Pennsylvania, Texas, and Delaware.There are some advantages of being a Delaware company, but they are probably not important to most small businesses operating in New Jersey, New York, Pennsylvania, or Texas. The advantages are: ...read more

Intoxicating Hemp Products Still on Sale in NJ Amid Lawsuit

A judge’s recent decision allowing stores to continue selling hemp products with THC is the topic of several news stories, which include comments from Bill Caruso, Chair of Archer’s Cannabis Group. A federal judge handed a partial victory to hemp businesses that sued to stop enforcement of the state’s new law restricting sales of intoxicating hemp products. The judge sided with hemp businesses that said the law would make it a crime for out-of-state businesses to transport hemp.  ...read more

Bill Would let People Bar Themselves from Entering Cannabis Shops

In the New Jersey Monitor article, "Bill Would let People Bar Themselves from Entering Cannabis Shops," partner Bill Caruso, Chair of Archer’s Cannabis Group, commented on a newly proposed bill in the Legislature that would allow people to volunteer to be on a list barring them from entering dispensaries or buying cannabis products . The measure is similar to a state program that launched in 2001 allowing people to self-exclude from entering casinos to address gambling addictions.  ...read more

'Fire All the Bullets Now': EEOC Enforcements Surge

In the New Jersey Law Journal article, "Fire All the Bullets Now: EEOC Enforcements Surge," partner Douglas Diaz provided comments regarding a surge of lawsuits filed nationwide during a one-week period by the Equal Employment Opportunity Commission (EEOC). In the article, reporter Charles Toutant noted the uptick and was interested in what the mix of cases says about the EEOC's priorities at the moment.  ...read more

The Future of DEI in Legal

The legal landscape around diversity, equity, and inclusion has shifted significantly in the wake of several significant judicial opinions. While the legal profession has been notoriously slow to make progress in its efforts to nurture more inclusive practice environments, there is optimism about the advancement of inclusion in the profession.  ...read more

Big Victory for APA Client ABATE of PA

On the final day of the 2023-24 legislative session, the Pennsylvania Senate and House finished with two bills that significantly impact Archer Public Affairs (APA) client, Alliance of Bikers Aimed Toward Education (ABATE of PA). Archer Public Affairs is a subsidiary of Archer & Greiner. ...read more

Jeffrey Gordon Appointed Overall Chair for Prestigious IPT Annual Conference

Archer partner, Jeffrey D. Gordon, Chair of the firm’s Real Estate Tax Appeal Group, was appointed Overall Chair of the 2026 Institute for Professionals in Taxation (“IPT”) Annual Conference. The 2026 Conference will mark the capstone of IPT’s 50th year. Chairing IPT’s 50th anniversary Annual Conference is one of the top honors one could achieve in the property tax field.  In 2023, Jeffrey served as Chair of the IPT Annual Conference’s Property Tax Committee. ...read more

John Connell Appointed to NJ Supreme Court Professional Responsibility Rules Committee

Partner, John C. Connell, has been appointed to the New Jersey Supreme Court Professional Responsibility Rules Committee for the remaining portion of a three-year term that expires August 31, 2027. The Committee is charged with two tasks: to review and report on referrals from the court that relate to the Rules of Professionals Conduct, and also to entertain and act on issues raised by the Bench, the Bar, the Office of Attorney Ethics, or a member of the Committee. ...read more

Drafting and Amending LLC Operating Agreements

Join partner Gianfranco A. Pietrafesa, who will be speaking at the NBI webinar, "Drafting and Amending LLC Operating Agreements." In this focused course, the speakers will outline key steps to LLC formation and provide you with techniques for addressing essential components of OAs. Attendees will gain actionable tips and tricks for preparing management and voting provisions, and will find out how to handle decision-making issues, discover different options for tax entity selection, and much more, including:  ...read more

Archer Annual Labor & Employment Seminar

Join us for a complimentary Labor & Employment Breakfast Seminar. This course will cover the major state and federal laws affecting labor and employment law.  For registration and the full agenda and program description, visit our event website.  ...read more

Ensuring Local Governments Comply With the Law - New Jersey Guide

Partner, Andrew T. Fede, will be presenting the National Business Institute course, "Ensuring Local Governments Comply With the Law - New Jersey Guide," which covers how to adeptly handle governmental legal matters. The material will examine the disputes and challenges municipalities are currently faced with and experienced faculty will share their strategies and techniques for dealing with them.  ...read more