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Articles Posted in Business Law

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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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New Jersey Construction Law Decision Examines Requirements for Personal Guarantees

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…

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New Jersey Employment Law Protecting Temporary Workers Survives Challenge in Federal Appeals Court

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.…

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New Protections of New Jersey Wage and Hour Law and New Jersey Wage Payment Law Apply Prospectively, Supreme Court Rules

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…

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Non-Compete Agreements Would be Abolished Under New FTC Rule

New Jersey employment law has generally upheld non-compete (or non-competition) agreements provided they met certain requirements aimed at allowing employees to earn a living.  Non-compete agreements have been much vilified by pro-employee groups, and much supported by pro-employer groups.  However, the United States Federal Trade Commission has issued a rule…

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New Employment Law Regulation Makes Many More Employees Eligible for Overtime

The Wage and Hour Division of the United States Department of Labor has issued a new regulation vastly increasing the number of employees who are entitled to overtime. Background Both Federal and New Jersey employment law both require that employees must be paid one and a half times their regular…

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United States Supreme Court Explains What an Employee Must Show to Prove That She Has Been Harmed by Gender Discrimination

Federal and New Jersey employment law both prohibit discrimination because of an employee’s gender.  The United States Supreme Court’s recent decision in the case of Muldrow v. City of Saint Louis establishes what employees must prove to have a viable lawsuit for gender discrimination under Title VII of the Civil…

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New Jersey Passes Draconian Construction Law Imposing Drastic New Regulations on Home Improvement and Home Elevation Contractors

A recent New Jersey construction law development will greatly affect contractors. The New Jersey Legislature passed a new law regulating home improvement and home elevation contractors, which Governor Murphy signed into law on January 8, 2024.  The regulations governing home improvement contracts and home elevation contractors were already draconian, but…

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Pregnancy and Breastfeeding Protections Under New Jersey Employment Law

New Jersey Employment Law Protections for Pregnant Employees New Jersey employment law, as well as Federal employment law, prohibits discrimination against employees because of pregnancy, requires employees to reasonably accommodate employees’ pregnancy, bars retaliation against employees who request accommodations for pregnancy or object to the treatment of pregnant employees, and…

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