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…
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…
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…
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 wages are governed by a set of laws: the New Jersey Wage and Hour Law, the Wage Collection Law, the Wage Theft Act, and the Wage Payment Law. These New Jersey employment laws govern the amount and timing of wages owed to New Jersey employees. A New Jersey…
The Federal appeals court which hears New Jersey cases issued a precedential decision explaining the definition of “disability” for purposes of disability discrimination under the Americans with Disabilities Act. Background Andrew Morgan was employed by Allison Crane & Rigging LLC as a millwright laborer. On September 29, 2020 he…
New Jersey construction contractors and suppliers often have difficulty collecting money due them for their work or supplies. One of the tools available to help ensure payment is including a personal guarantee in their construction contracts. However, personal guarantees have certain requirements. The Appellate Division of the Superior Court of…
The United States Court of Appeals for the Third Circuit, which hears appeals from federal district courts in New Jersey, Delaware, Pennsylvania and the United States Virgin Islands, recently rejected a challenge to the New Jersey Temporary Workers’ Bill of Rights in the case of New Jersey Staffing Alliance vs.…
New Jersey employment law affords significant wage and hour protections to employees through the New Jersey Wage and Hour Law and the New Jersey Wage Payment Law. Both laws were significantly strengthened by amendments in 2019, adding additional penalties, recovery of attorneys fees, enhanced damages, and a longer, six-year statute…