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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 the New York Law School Family Law Quarterly.  (New York Law School is something of a farm team for our firm with four of our attorneys having earned their J.D.s from there.)

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Brooke is a summa cum laude graduate of Monmouth University where she majored in criminal justice with a minor in legal studies.  While at Monmouth University she was awarded the Academic Excellence Scholarship. She presented her research study during Scholarship Week.

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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 under the case of Pierce v. Ortho Pharmaceuticals (Pierce), which provides similar protections.4-225x300

Who is considered a whistleblower?

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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 whendc-court-appeals-district-columbia-building-abraham-lincoln-statue-74985350 they must be paid.  The Supreme Court of New Jersey considered whether and under what circumstances “commissions” are considered “wages” protected by the Wage Payment Law.

Background – PPE Sales at Suuchi, Inc., During the Pandemic

Suuchi, Inc. sells a software-driven platform.  Its salespeople are paid commissions of 1.75 percent for the first $729,167 of sales based on annual recurring revenue, and 4 percent beyond that.  Suuchi’s plan stated that it was “intended to cover all sales situations.”  During the Covid Pandemic, Suuchi branched out into selling personal protective equipment (PPE).  The company sent an email advising its sales people that commissions would be based on net revenue, and commissions would be 4 percent when net revenue generated on PPE.  However, the chief executive officer sent a follow-up email clarifying that “we are providing the same commissions on these one time orders and not penalizing for not being [annual recurring revenue].”

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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 interference, and providing a cautionary tale to anyonecourthouse-303370__340-300x192 thinking about filing a lawsuit for tortious interference without competent evidence.

Background: A Meeting of the Eyes Goes South

In 2002, Dr. Corey Notis was a young ophthalmologist who opened a surgical practice in Union, New Jersey.  Allegedly he entered into an informal agreement with Alan Greenberg and Innovation Optics, Inc., in which they would refer him patients in need of ophthalmologic surgery.  Greenberg was a licensed optician who owned an optical store. Greenberg thereafter introduced Notis to two other ophthalmologists who then also referred their patients who needed ophthalmologic surgery to Notis.

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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 the1-300x225 strongest employee protection laws in the country.

Who is protected under the New Jersey Law Against Discrimination?

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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.NJ_State_House-300x200

Background

In 2018, Pantos USA, Inc., provided “freight forwarding, logistics and warehousing services” to MindsInSync, Inc., Choice Select Home Textiles, In., Ideas From the Ground Up, Inc., and 101 Home Textile Creations, Inc.  When they did not pay, Pantos sued them in the Law Division of the Superior Court of New Jersey.  The defendants denied that there was a written contract, and claimed that Pantos’s services were unsatisfactory.

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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 Labordc-court-appeals-district-columbia-building-abraham-lincoln-statue-74985350 Standards Act.  There was a split among the Federal Circuit Courts of Appeals regarding what that burden of proof was.  The United States Supreme Court has now resolved that conflict in the case of E.M.D. Sales Inc. v. Carrera.

Wage and Hour Protections for New Jersey Employees

New Jersey employment law provides that employers must pay minimum wage and overtime to most employees unless they are exempt.  The Federal Fair Labor Standards Act provides similar protections.  The main exemptions under both Federal and New Jersey employment law are similar.  Administrative, executive, professional and “outside sales” employees are exempt from minimum wage and overtime provided they make a minimum salary.

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Estate planning is a crucial aspect of financial management that ensures your assets are distributed in accordance with your wishes after your death.   However, New Jersey estate planning law can be complex. Besides ensuring that your assets go where you intend, minimizing tax impact and the costs associated with probate must be considered.  Also, you may not want some of your heirs to get all the assets right away or have control of them, such as minor children, relatives with special needs, or simply loved ones who are just not good at managing money.courthouse-NY-300x199

One of the key components of a comprehensive estate plan is the inclusion of trusts. A trust is an important tool that can aid in the estate planning process. Trusts are legal arrangements that allow a third party, known as a trustee, to hold and manage assets on behalf of a beneficiary.

Why do I need a trust?

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New Jersey employment law offers strong protections to employees.  Among these are the New Jersey Wage Payment Law and the New Jersey Wage and Hour Law, both of which were amended in 2019 to increase the statute of limitations from two years to six, and increase3-225x300 penalties for violations.  In August 2024, the New Jersey Legislature further strengthened these laws to prevent employers from taking advantage of complaining employees because of their immigration status.

New Jersey Wage Protections

New Jersey’s Wage and Hour Law and Wage Payment Law provides the basic protections regarding the payment of wages to New Jersey employees.  (The Federal Fair Labor Standards Act provides similar penalties at the Federal level, but with a shorter limitation period and lesser penalties.)  Failure to pay overtime or minimum wage, or failure to pay wages to employees when due, allows the employee to recover her unpaid wages for the last six years plus liquidated damages, making the entire recover 300 percent of the wrongfully unpaid wages.  Additionally, the employer will be required to pay the employee’s attorneys fees.  (An employer will have a good faith defense available for liquidated damages for a first violation, but not for the unpaid wages themselves or the employee’s attorneys fees.)

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New Jersey estate law makes having a well-written will crucial.

At first glance, the concept of creating a will may seem somewhat morbid or uncomfortable. After all, the process involves contemplating our mortality and deciding on the distribution of our assets after we’re gone. However, there is a compelling case to be made about the importance of having a will. Not having a will leaves your assets to be transferred according to New Jersey estateus-supreme-court-300x200 law when you pass, and not according to your own wishes.  That is why our New Jersey estate planning attorneys firmly believe in the importance of having a will, helping you face the legal complexities of making sure the law will enforce your wishes when you pass, and helping provide peace of mind and security for you and your loved ones.

First, a will gives you complete control over the distribution of your assets. Without this legal document, New Jersey intestacy law will determine how your property is divided among your heirs after you pass. This could potentially lead to a distribution that is not in line with your wishes. For instance, you may want to leave certain items to friends or charities, but without a will this would not be possible.

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Totowa, NJ 07512
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Fax: (973) 256-3641

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