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Articles Posted in Business Law

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New Jersey Wage and Hour Decision Demonstrates Power of Recordkeeping – And the Perils of the Lack of It

New Jersey employment law requires that employees must be paid at regular intervals, at least twice per month.  The proposition that employees should be paid for the time that they work does not seem to be illogical.  However, litigation over non-payment of wages is all too common.  The New Jersey…

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Can an Employer Rescind a Job Offer Under New Jersey Employment Law?

It’s a nightmare scenario for an employee.  She has a good job, but has received the opportunity of a lifetime.  She quits her job, moves to a new city, and gets ready to start her new position.  Then, just before she starts, the prospective employer calls and says, “Oops, we’ve…

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New Jersey Law Against Discrimination Applies to Mergers

A recent New Jersey employment law decision in the case of Rosemary Beneduci vs. Graham Curtin, P.A. addressed when failing to offer an employee of one business entity a job with a second when the two merge constitutes an illegal employment practice under New Jersey’s Law Against Discrimination.  While the…

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Supreme Court Decision Indicates That Application of the Joint Employer Doctrine in New Jersey Employment Law Cases is Question for Jury

New Jersey employment law recognizes the concept of “joint employers.”  Under this legal doctrine, an employee can have two employers even though he only gets paid by one.  The doctrine provides that when more than one entity acts as a person’s employer, both are jointly responsible for complying with employee…

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New Jersey Supreme Court Decision on Classification of Workers is a Cautionary Tale for Employers

Independent Contractors versus Employees Under New Jersey Employment Law Under New Jersey employment law, the classification of a worker as an employee or independent contractor has significant ramifications for both the employer and employee, including the ability of the employer to shift the cost of insurance, payroll taxes and benefits…

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New Jersey Business Divorce Examined by Appellate Division

New Jersey business law presents no thornier area than business divorces – when a venture goes south and the owners – the partners, corporate shareholders or limited liability members – acrimoniously split up.  The Appellate Division of the Superior Court of New Jersey recently addressed such a painful business divorce…

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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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