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Articles Posted in Business Law

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New Jersey Real Estate Law Decision Examines Duty to Disclose Defects in “As Is” Residential Real Estate Sales

New Jersey real estate law is enormously important – the purchase and sale of a home are often the largest transactions in many people’s lives.  It is fraught with risks for both buyers and sellers. For example, let’s say you’re buying a house and you receive a disclosure form from…

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New Jersey Business Law Decision Examines Requirements for an Enforceable Contracts

Contract drafting and negotiation is one of the most important aspects of New Jersey business law.  Contracts govern the relationship between business parties.  Therefore, it is vital to ensure that a contract embodies the terms which the parties bargained for, and protects their interests.  And it must meet all the…

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Federal Appeals Court Holds that Withholding Paid Time Off Will Not Defeat Professional Exemption to Minimum Wage and Overtime Requirements

The Federal Fair Labor Standards Act, like New Jersey’s Wage and Hour Law, requires that employees as a general rule must be paid a specified minimum wage, and overtime when they work more than 40 hours per week.  However, certain classes of employees are exempt from these requirements.  Thus, nonexempt…

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Liquidated Damages Provide Measure of Certainty Under New Jersey Contract Law

New Jersey Business Law and Liquidated Damages Business parties draft contracts to give them a measure of certainty in their future relationship.  However, it is not a secret that contracts are frequently breached, so parties often want a degree of certainty about what will happen in the event of a…

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New Jersey’s New Mass Layoff Law

New Jersey employees have significant protections during mass layoffs under New Jersey employment law. In 1988 the United States Congress passed the Worker Adjustment and Retraining Notification Act (the “WARN” Act).  The Act went into effect in 1989.  The purpose of the Act was to try to assist employees with…

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New Jersey’s Temporary Workers’ Bill of Rights

New Jersey is one of the most employee-friendly states in the nation; and its becoming more and more employee-friendly every year. On February 6, 2023, Governor Murphy signed the Temporary Workers’ Bill of Rights Act into law.  This law clarifies and expands employee protections for non-exempt (hourly) employees who work…

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New Jersey’s Solid Waste Association of North America 2022 Conference

This past Spring, SWANA’s (Solid Waste Association of North America) New Jersey Chapter returned to their live Annual Conference following a two-year hiatus resulting from the Covid-19 pandemic. The conference covered a wide range of topics related to the solid waste industry and New Jersey solid waste law, including safety…

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New Jersey Non-Compete Agreements and Employee Duty of Loyalty Examined by Appellate Division

  New Jersey law imposes certain requirements on the behavior of employees, whether through the common law or contract.  New Jersey employment law and business law will enforce restrictive covenants, including non-compete agreements, if they meet certain requirements.  However, the tests for enforceability are different for restrictive covenants contained in…

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Choosing the Right Form of New Jersey Business Entity

New Jersey business law gives owners the ability to choose between different forms of entities to meet their particular concerns.  The choice is important and has long lasting effects.  Below is an overview of the basic types of business entities allowed by New Jersey business law.   ‍General Partnership A…

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New Jersey Law Against Discrimination Prohibits Termination Influenced by Subordinate’s Gender Bias, State Supreme Court Rules

In an important New Jersey employment law ruling, the State Supreme Court held that an employer’s decision to terminate or otherwise take action against an employee influenced by the discriminatory bias of a subordinate, rather than the decisionmakers themselves, nonetheless violates the New Jersey Law Against Discrimination.   Background: Meade’s…

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