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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…