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Articles Posted in Business Law

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State Supreme Court Finds Promissory Estoppel Viable New Jersey Employment Law Claim for Withdrawal of Job Offer, Including Those to Investment Advisors

A frequent problem in New Jersey employment law occurs when a business offers someone a job without a contract, that person then quits their current employment, the business rescinds the offer, and the employee is left without a job.  There is no contract, so the employee cannot sue for breach…

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How the New Recreational Marijuana Law May Effect New Jersey Employment Law

In February of 2021, Governor Murphy finally signed the long awaited “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” which legalizes recreational, adult (at least 21 years old) use of marijuana (or “cannabis”). One of the major concerns which has existed since the very beginnings of this Act…

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Bedrock Principles of New Jersey Business Law Examined in New Jersey Appellate Decision

In New Jersey, sale of a business is governed by the contract negotiated by the parties.  But what if the contract is unclear, or the parties don’t agree on what the terms of an oral contract are?  In the case of Lee v. Lee, involving the sale of a restaurant…

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Appellate Division Issues Troubling New Jersey Construction Law Decision

The Appellate Division of the State Superior Court recently issued an opinion on New Jersey construction law in the case of In re Protest Of Contract Award For Project A1150-08, N.J. Executive State House Comprehensive Renovation And Restoration which has troubling implications for contractors.  The decision is published, so it…

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New Jersey Supreme Court Explores Goof Faith Defense For Employer’s Failure to Pay Overtime Under New Jersey Wage and Hour Law

The New Jersey Wage and Hour Law regulates minimum wage and overtime requirements.  It is New Jersey’s counterpart to the Federal Fair Labor Standards Act.  The Wage and Hour Law and Fair Labor Standards Act are bedrock elements of New Jersey employment law.  Under the Wage and Hour Law, New…

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New Jersey Construction Law Opinion Explains Elements of Construction Lien Law and Prompt Payment Act

The Appellate Division of the Superior Court recently issued an opinion illustrating several important points regarding construction liens under the New Jersey Construction Lien Law and collection of payment under the New Jersey Prompt Payment Act.   Background In that case, Prime Time Construction, LLC vs. Vimco, Incorporated, , Prime…

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Small Business Assistance Expect in the New Stimulus Package

Following a $2 trillion plus stimulus bill passed in the Spring of 2020, the Congress has finally been able to come to terms on another economic stimulus and relief bill, and the president has finally signed it into law.  The bill is over nearly 5,600 pages long and has a…

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Paid Leave Requirements Under the Families First Coronavirus Response Act Are Important New Jersey Employment Law Developments

As a result of the COVID-19 pandemic, the federal government passed the Families First Coronavirus Response Act (“FFCRA”) on March 18, 2020.  This law includes two Acts providing for paid leave to be enforced by the US Department of Labor’s Wage and Hour  Division.  They provide great protections for New…

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Opinions in Other Areas of New Jersey Law Provide Guidance When Challenging Arbitration Agreements in New Jersey Employment Contracts

It is interesting that the trend in New Jersey employment law is to enforce arbitration agreements in employment contracts, while at the same time finding them unenforceable in consumer and commercial contracts.  However, the law is the same: whatever the area, arbitration agreements are interpreted and enforced – or not…

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Appellate Division Decision Demonstrates Enforceability of Arbitration Awards in New Jersey Construction Law

Construction Arbitration Complex New Jersey construction law cases can be extremely expensive to litigate in court because of the amount of documents involved, the number of witnesses, and the need for experts.  Therefore, many construction contracts contain arbitration provisions.  The view is that arbitration can save money in the litigation…

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