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Articles Posted in Business Law

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New Jersey Supreme Court Decides that Commissions are Commissions, and Therefore Wages

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…

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New Jersey Business Law Decision Examines Tortious Interference

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…

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New Jersey Appeals Court Gives 337,214 Reasons Not to Delay in Disputing Commercial Invoices

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.,…

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U.S. Supreme Court Clarifies Employer’s Burden for Proving that Employee is Exempt From Overtime

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…

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New Jersey Employment Law Strengthened to Prevent Employers Using Immigration Status to Evade Paying Wages

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…

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New Jersey Construction Law Frequently Asked Questions

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…

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New Jersey Pregnant Employee Protections Enhanced by Federal Pregnant Workers Fairness Act and the EEOC’s Implementing Regulations

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…

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New Jersey Construction Law Decision Explains How Consumer Fraud Act Balances Protections for Homeowners and Legitimate Contractors

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…

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New Jersey Employment Law Decision Addresses When Commissions Are Part of “Wages” for New Jersey Wage Payment Law

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…

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“Disability” Defined for Disability Discrimination by Federal Appeals Court Decision

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…

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