It’s a nightmare scenario for an employee. She has a good job, but has received the opportunity of a lifetime. She quits her job, moves to a new city, and gets ready to start her new position. Then, just before she starts, the prospective employer calls and says, “Oops, we’ve…
A recent New Jersey employment law decision in the case of Rosemary Beneduci vs. Graham Curtin, P.A. addressed when failing to offer an employee of one business entity a job with a second when the two merge constitutes an illegal employment practice under New Jersey’s Law Against Discrimination. While the…
New Jersey employment law recognizes the concept of “joint employers.” Under this legal doctrine, an employee can have two employers even though he only gets paid by one. The doctrine provides that when more than one entity acts as a person’s employer, both are jointly responsible for complying with employee…
Independent Contractors versus Employees Under New Jersey Employment Law Under New Jersey employment law, the classification of a worker as an employee or independent contractor has significant ramifications for both the employer and employee, including the ability of the employer to shift the cost of insurance, payroll taxes and benefits…
New Jersey business law presents no thornier area than business divorces – when a venture goes south and the owners – the partners, corporate shareholders or limited liability members – acrimoniously split up. The Appellate Division of the Superior Court of New Jersey recently addressed such a painful business divorce…
New Jersey real estate law is enormously important – the purchase and sale of a home are often the largest transactions in many people’s lives. It is fraught with risks for both buyers and sellers. For example, let’s say you’re buying a house and you receive a disclosure form from…
Contract drafting and negotiation is one of the most important aspects of New Jersey business law. Contracts govern the relationship between business parties. Therefore, it is vital to ensure that a contract embodies the terms which the parties bargained for, and protects their interests. And it must meet all the…
The Federal Fair Labor Standards Act, like New Jersey’s Wage and Hour Law, requires that employees as a general rule must be paid a specified minimum wage, and overtime when they work more than 40 hours per week. However, certain classes of employees are exempt from these requirements. Thus, nonexempt…
New Jersey Business Law and Liquidated Damages Business parties draft contracts to give them a measure of certainty in their future relationship. However, it is not a secret that contracts are frequently breached, so parties often want a degree of certainty about what will happen in the event of a…
New Jersey employees have significant protections during mass layoffs under New Jersey employment law. In 1988 the United States Congress passed the Worker Adjustment and Retraining Notification Act (the “WARN” Act). The Act went into effect in 1989. The purpose of the Act was to try to assist employees with…