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Articles Posted in Business Law

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Corporations and LLCs: If They’re Good Enough for a Lawyer….

Owners often choose to form their businesses as corporations or limited liability companies under New Jersey business law.  The case of Colonial Records Storage, LLC v. Simpson, where a creditor tried to get individual liability against a lawyer who was a shareholder in a law firm operating as a corporation,…

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New Jersey Raises Minimum Wage Rate In 2022

The Increase New Jersey’s minimum wage rate is going up again.  The new minimum wage rate during this incremental increase is $13 per hour effective January 1, 2022.   Background In 2019, Governor Murphy signed legislation raising New Jersey’s minimum wage rate.  The ultimate rate will be a minimum wage…

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OSHA’s Covid Vaccine Mandates for Large Employers

In September of 2021, President Biden announced a new mandate for all employers with 100 or more employees to require either vaccination or weekly testing and use of face masks for all of their employees.  The mandate was issued under the authority of the United States Occupational Safety and Health…

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New Jersey’s Prompt Payment Act is a Potent Tool for Subcontractors Trying to Get Paid, Appellate Division Confirms

New Jersey construction law involves many complex issues.  However, one of the most common is also the most basic: Contractors and subcontractors getting paid for their work.  The Appellate Division recently issued a published opinion on this topic in the case of JHC Industrial Services, Inc. vs. Centurion Companies, Inc.,…

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Appellate Division Enforces Subcontractors’ Right to be Paid in New Jersey Construction Law Decision

The Problem: Getting Paid One of the most important considerations for construction contractors and subcontractors is getting paid for the work they perform.  A recent construction law opinion examined some of the issues which contractors and subcontractors face under New Jersey construction law when seeking to get paid for their…

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Requirements for Binding LLC Owners to LLC Operating Agreements Under the New Jersey Revised Uniform Limited Liability Company Act

It is always wise to have the terms governing the owners’ of a business’s relations and the management of the business spelled out in writing, whether this be a shareholder agreement for a corporation, a partnership agreement for a partnership, or an operating agreement for a limited liability company (“LLC”). …

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New Jersey Employment Law Opinion Examines Classification of Employees and Independent Contractors

New Jersey employment law governs the classification of workers as employees or independent contractors.  The classification is important and fact sensitive.  It has far reaching consequences.  The Appellate Division recently issued a published opinion in the case of East Bay Drywall, LLC vs. the Department of Labor and Workforce Development,…

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Appellate Decision Explains New Jersey Construction Lien Law

The New Jersey construction law opinion in Site Enterprises Inc. vs. NRG Rema, LLC highlighted several important areas of the New Jersey Construction Lien Law.   The New Jersey Construction Lien Law The New Jersey Construction Lien Law replaced the Mechanic’s Lien law, and made it easier for contractors, subcontractors…

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New Jersey’s New Mandate for Food Waste Recycling

On April 14, 2020, New Jersey Governor Murphy signed a food waste recycling bill (A2371)  aimed at requiring large producers of food waste in New Jersey to recycle their unused food.  This mandate is schedule to go into effect on approximately October 14, 2021. The law applies to “large food…

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Commercial Versus Residential New Jersey Real Estate Transactions

At first glance, both commercial and residential New Jersey real estate transactions seem to be quite similar.  A contract is executed, title work must be checked, lender requirements must be met and the closing must be completed.  But, from the initial offer through closing on the transaction, there are significant…

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