As a result of the coronavirus (“COVID19”), the federal government has taken significant action to provide relief to individuals and business struggling with economic hardships as a result of lost business during widespread closures and stay-at-home orders. The first major legislation passed by the federal government was the Families First…
Articles Posted in Business Law
Six Steps for Filing for Unemployment Insurance Benefits in New Jersey
In the time of the Coronavirus (COVID19), many people are concerned about the likelihood of needing to file for unemployment benefits in New Jersey in the near future. Certainly, many people will be in need of New Jersey State assistance in 2020 and beyond as a result of the coronavirus…
Summary of New Jersey Governor Murphy’s New Order Concerning Restrictions on Businesses and People
The Order On Saturday, March 21, 2020, Governor Murphy signed Executive Order Number 107, which further tightened restrictions on people and businesses in response to the Coronavirus/COVID-19 pandemic. This Executive Order superseded all previous Executive Orders on Coronavirus responses. For businesses, one thing to realize is that the only…
McLaughlin & Nardi, LLC is Open and Ready to Help New Jersey Businesses During the Coronavirus Pandemic
Coronavirus be damned, McLaughlin & Nardi is open to help the people and businesses we served for years get through this crisis, and we’ll work with new ones too. This too shall pass, but in the meantime we are here to help you. Governor Murphy has indicated that he…
New Drug and Alcohol Reporting Requirements for Transportation Companies in 2020
In 2016, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (“FMCSA”) announced a new rule establishing a database for information regarding violations of drug and alcohol testing regulations by commercial motor vehicle drivers. While the rule went into effect in 2017, the requirement for FMCSA-regulated employers to begin…
New Jersey Bans Discrimination Based on Hair Styles
The Wrestling Incident During an incident on December 19, 2018, a referee required an African American wrestler at Buena Regional High School choose between cutting his dreadlocks or forfeiting his wrestling match. Rather than forfeit the match, the wrestler chose to cut his hair. Because the incident had indicia of…
Timing as Circumstantial Evidence of Retaliation in Employment Law Cases
When facing claims of retaliation for reports on objections about discrimination under the New Jersey Law Against Discrimination or Title VII of the Federal Civil Rights Act of 1964 (or for whistleblowing under New Jersey Conscientious Employee Protection Act), courts are often faced with the situation where there is no…
Appellate Division Continues Trend of Limiting Enforceability of Arbitration Clauses in Residential New Jersey Construction Contracts
In October 2019, the Appellate Division of the Superior Court of New Jersey issued an opinion in the case of Becker v. Ollie Solcum & Son, Inc., examining the enforceability of an arbitration clause in a construction project. The decision continued the trend in New Jersey of limiting enforcement of…
Third Circuit Court of Appeals Rules that Some Third-Party Payments to Employees are Properly Included in the Calculation of Overtime Rates
In the case of Secretary of United States Department of Labor vs. Bristol Excavating, Inc., the United States Court of Appeals for the Third Circuit, recently issued an important, precedential opinion on when payments by third-parties need to be included by employers in the calculation of their employees’ overtime pay…
Equal Pay Act
Governor Murphy signed New Jersey’s Equal Pay Act into law in 2018. The NJEPA takes a necessary step in making pay discrepancies in the workplace more transparent with the hopes that this will address the pay differential between white men minorities, and women. Essentially, it bars any penalty to any…