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Articles Posted in Business Law

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New Jersey Employment Law Decision Examines Evidence Needed to Prove Whistleblower Retaliation

New Jersey whistleblower retaliation lawsuits turn on the question of evidence.  This is a frequent area of dispute in New Jersey employment law.  A New Jersey appeals court recently examined the evidence necessary to establish a claim of whistleblower retaliation under the New Jersey Conscientious Employee Protection Act, New Jersey’s…

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New Jersey Construction Law Decision Examines Prompt Payment Act

One of the most difficult problems in New Jersey construction law for contractors and subcontractors is getting paid.  Fortunately, a powerful remedy exists in the New Jersey Prompt Payment Act.  A recent appellate court decision examined the New Jersey Prompt Payment Act in the case of Jo-Med Contracting Corp. vs.…

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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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