A recent New Jersey construction law development will greatly affect contractors. The New Jersey Legislature passed a new law regulating home improvement and home elevation contractors, which Governor Murphy signed into law on January 8, 2024. The regulations governing home improvement contracts and home elevation contractors were already draconian, but…
Articles Posted in Business Law
Pregnancy and Breastfeeding Protections Under New Jersey Employment Law
New Jersey Employment Law Protections for Pregnant Employees New Jersey employment law, as well as Federal employment law, prohibits discrimination against employees because of pregnancy, requires employees to reasonably accommodate employees’ pregnancy, bars retaliation against employees who request accommodations for pregnancy or object to the treatment of pregnant employees, and…
Claims of Negligence by an Engineer in New Jersey Construction Litigation Must be Supported by Expert Opinion in an Affidavit of Merit
New Jersey construction litigation often involves claims against contractors for improper construction or delay. Contractors, in turn, often argue as a defense, counterclaim or cross-claim that any delay or improper construction was the fault of the licensed professional on the project, such as the engineer or the architect. Owners may…
New Jersey Construction Law Decision Examines Role of Good Faith in Construction Contracts
An appellate court recently examined the covenant of good faith and fair dealing in New Jersey construction contracts in the case of Konopka vs. Brown’s Heating, Cooling, Plumbing. Background Konopka hired Brown’s as a contractor to install a Carrier gas furnace in his home. Brown was to supply labor and…
New Jersey Employment Law Decision Examines Evidence Needed to Prove Whistleblower Retaliation
New Jersey whistleblower retaliation lawsuits turn on the question of evidence. This is a frequent area of dispute in New Jersey employment law. A New Jersey appeals court recently examined the evidence necessary to establish a claim of whistleblower retaliation under the New Jersey Conscientious Employee Protection Act, New Jersey’s…
New Jersey Construction Law Decision Examines Prompt Payment Act
One of the most difficult problems in New Jersey construction law for contractors and subcontractors is getting paid. Fortunately, a powerful remedy exists in the New Jersey Prompt Payment Act. A recent appellate court decision examined the New Jersey Prompt Payment Act in the case of Jo-Med Contracting Corp. vs.…
New Jersey Wage and Hour Decision Demonstrates Power of Recordkeeping – And the Perils of the Lack of It
New Jersey employment law requires that employees must be paid at regular intervals, at least twice per month. The proposition that employees should be paid for the time that they work does not seem to be illogical. However, litigation over non-payment of wages is all too common. The New Jersey…
Can an Employer Rescind a Job Offer Under New Jersey Employment Law?
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…
New Jersey Law Against Discrimination Applies to Mergers
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…
Supreme Court Decision Indicates That Application of the Joint Employer Doctrine in New Jersey Employment Law Cases is Question for Jury
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…