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Articles Posted in Business Law

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New Jersey’s Solid Waste Association of North America 2022 Conference

This past Spring, SWANA’s (Solid Waste Association of North America) New Jersey Chapter returned to their live Annual Conference following a two-year hiatus resulting from the Covid-19 pandemic. The conference covered a wide range of topics related to the solid waste industry and New Jersey solid waste law, including safety…

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New Jersey Non-Compete Agreements and Employee Duty of Loyalty Examined by Appellate Division

  New Jersey law imposes certain requirements on the behavior of employees, whether through the common law or contract.  New Jersey employment law and business law will enforce restrictive covenants, including non-compete agreements, if they meet certain requirements.  However, the tests for enforceability are different for restrictive covenants contained in…

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Choosing the Right Form of New Jersey Business Entity

New Jersey business law gives owners the ability to choose between different forms of entities to meet their particular concerns.  The choice is important and has long lasting effects.  Below is an overview of the basic types of business entities allowed by New Jersey business law.   ‍General Partnership A…

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New Jersey Law Against Discrimination Prohibits Termination Influenced by Subordinate’s Gender Bias, State Supreme Court Rules

In an important New Jersey employment law ruling, the State Supreme Court held that an employer’s decision to terminate or otherwise take action against an employee influenced by the discriminatory bias of a subordinate, rather than the decisionmakers themselves, nonetheless violates the New Jersey Law Against Discrimination.   Background: Meade’s…

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Corporations and LLCs: If They’re Good Enough for a Lawyer….

Owners often choose to form their businesses as corporations or limited liability companies under New Jersey business law.  The case of Colonial Records Storage, LLC v. Simpson, where a creditor tried to get individual liability against a lawyer who was a shareholder in a law firm operating as a corporation,…

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New Jersey Raises Minimum Wage Rate In 2022

The Increase New Jersey’s minimum wage rate is going up again.  The new minimum wage rate during this incremental increase is $13 per hour effective January 1, 2022.   Background In 2019, Governor Murphy signed legislation raising New Jersey’s minimum wage rate.  The ultimate rate will be a minimum wage…

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OSHA’s Covid Vaccine Mandates for Large Employers

In September of 2021, President Biden announced a new mandate for all employers with 100 or more employees to require either vaccination or weekly testing and use of face masks for all of their employees.  The mandate was issued under the authority of the United States Occupational Safety and Health…

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New Jersey’s Prompt Payment Act is a Potent Tool for Subcontractors Trying to Get Paid, Appellate Division Confirms

New Jersey construction law involves many complex issues.  However, one of the most common is also the most basic: Contractors and subcontractors getting paid for their work.  The Appellate Division recently issued a published opinion on this topic in the case of JHC Industrial Services, Inc. vs. Centurion Companies, Inc.,…

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Appellate Division Enforces Subcontractors’ Right to be Paid in New Jersey Construction Law Decision

The Problem: Getting Paid One of the most important considerations for construction contractors and subcontractors is getting paid for the work they perform.  A recent construction law opinion examined some of the issues which contractors and subcontractors face under New Jersey construction law when seeking to get paid for their…

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Requirements for Binding LLC Owners to LLC Operating Agreements Under the New Jersey Revised Uniform Limited Liability Company Act

It is always wise to have the terms governing the owners’ of a business’s relations and the management of the business spelled out in writing, whether this be a shareholder agreement for a corporation, a partnership agreement for a partnership, or an operating agreement for a limited liability company (“LLC”). …

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