New Jersey civil service law and education law provide that employee disciplinary charges can be settled. This applies to New Jersey governmental jurisdictions which are not covered by civil service or education law as well. One of the tools which are sometimes used for these settlements are “last chance agreements.”…
Restrictive Covenants and Non-Compete Agreements Restrictive covenants are clauses in contracts where the parties agree that one or both of the parties agree to restrict their ability to act in certain ways during or after the term of the contract. There are a variety of restrictive covenants, such as “non-poaching”…
A recent New Jersey employment law decision found that even where harassment is not by a co-employee, her employer may still be liable if the victim worked closely with the harasser in her workplace. Background Kristine Bodner was a certified alcohol and drug counselor employed by the Center for…
McLaughlin & Nardi, LLC is pleased to announce that Brooke Fulmer will be joining us as a law clerk. She will be full-time during the Summer, and part-time during the school year. Brook is heading into her third year at New York Law School where she is an editor for…
What is Whistleblower Law? In New Jersey, “whistleblower law” refers to a body of law which protects employees who engage in “whistleblowing activity.” There are two basic sources of New Jersey whistleblower law: the statutory protections of the New Jersey Conscientious Employee Protection Act (CEPA); and the common law protections…
Several New Jersey employment laws govern the payment of wages. The New Jersey Wage and Hour Law (along with the Federal Fair Labor Standards Act) governs minimum wage and overtime. The New Jersey Wage and Hour Law governs what are considered wages and when they must be paid. The Supreme…
New Jersey business law protects economic relationships, whether or not there is a contract in place. However, a party suing for tortious interference must have competent evidence to prove every element of the claim. A New Jersey appeals court recently issued an opinion exploring what is necessary to establish tortious…
What is the New Jersey Law Against Discrimination? The New Jersey Law Against Discrimination (LAD) is a state law that prohibits discrimination in employment based on certain of an employee’s immutable qualifications. It is one of the strongest employee protection laws in the country. Who is protected under the New…
New Jersey business law enforces both oral and written contracts for the delivery of goods and services. However, in the case of Pantos USA, Inc. v. MindsInSync, Inc., when disputes arise, a New Jersey appeals court once again emphasized that evidence is king. Background In 2018, Pantos USA, Inc.,…
In lawsuits where employees claim their employer wrongfully withheld overtime or minimum wage, if the employer claims that the employees were “exempt” it bears the burden of proving that they actually met the requirements of the exemption under the Federal Fair Labor Standards Act. There was a split among the…