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…
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…
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 increase penalties for violations. In…
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…
At McLaughlin & Nardi, LLC, our New Jersey construction lawyers represent contractors, subcontractors, suppliers, project managers, owners, architects and engineers in all areas of construction law. Here are some frequently asked questions about New Jersey construction law. What is construction law? Construction law refers to the laws, regulations and case…
New Jersey employment law provides significant protections for employees who are pregnant, breastfeeding, or have recently given birth. The New Jersey Law Against Discrimination provides protection against discrimination against pregnant and breastfeeding employees. It also requires that employers make reasonable accommodations available so that pregnant or breastfeeding employees and new…
New Jersey employment law governs the hiring of municipal police officers and firefighters, particularly Titles 11A and 40A of New Jersey Statutes. These local first responders play critical roles in our society. New Jersey employment law therefore closely regulates the hiring process to ensure that New Jersians are served by…
The New Jersey Consumer Fraud Act and home improvement practices regulations presented a dilemma – they provide valuable tools protecting homeowners from unscrupulous home improvement contractors by awarding them triple damages and attorneys fees when successful, but risk imposing drastic penalties on legitimate contractors who miss some of their more…
New Jersey’s Requirement for Employers to Provide Reasonable Accommodations for Disabled Employees New Jersey’s Law Against Discrimination and Title VII of the Civil Rights Act of 1964 prohibit discrimination because of an employee’s disability. New Jersey civil service law also prohibits discrimination because of an employee’s disability. These laws require…
Progressive Discipline Progressive discipline is a principle followed in New Jersey employment law, in both civil service and non-civil service jurisdictions, including public schools. In progressive discipline, a public employee’s prior disciplinary history will be considered in determining the appropriate penalty for disciplinary violations. Thus, a government employee with a…