The Appellate Division of New Jersey’s Superior Court recently issued an important construction law decision examining the effect of New Jersey’s Consumer Fraud Act in cases also involving the breach of a construction contract or negligent construction. By way of background, coverage under New Jersey’s Consumer Fraud Act was…
The United States Third Circuit Court of Appeals (which hears appeals from the federal district courts in New Jersey, Delaware, Pennsylvania and the United States Virgin Islands) recently had the opportunity to address the state of New Jersey employment law on restrictive covenants in the case of ADP, LLC…
Background: The Law Against Discrimination New Jersey’s Law Against Discrimination (often referred to as the “LAD” or the “NJLAD”) prohibits discrimination and harassment against employees because of a wide variety of immutable characteristics. Among these are protections against discrimination and harassment because of an employee’s age and disability. The Law…
Types of Entities Available Under New Jersey Business Law New Jersey business law offers different options for the forms which business entities can take. Each has its advantages and disadvantages. Traditionally, the choices were corporations, partnerships and sole proprietorships. Corporations are usually chosen, particularly in the context of small…
While the sale and possession of marijuana are flatly illegal under federal law, and the illegal status of recreational marijuana under New Jersey law has not changed yet, the medical use of marijuana is legal under New Jersey’s Compassionate Use Act for ALS, anxiety, certain chronic pain conditions, migraine headaches,…
New Jersey employment law generally recognizes that employees have a limited right to privacy in the workplace, including in their digital life. However, a recent federal appellate decision limited the reach of employee privacy. It is an unpublished decision, and therefore not binding. However, it is a troubling outcome. …
When a solid waste collection company enters into a contract to transfer ownership of assets, a petition for approval must be submitted the New Jersey Department of Environmental Protection. Assets may not be transferred until this approval is obtained. One area which the NJDEP evaluates prior to issuing such an…
New Jersey employment law has some of the strongest employee protections in the United States. A recent unpublished decision by the Appellate Division of New Jersey’s Superior Court may have expanded those already strong protections. New Jersey Whistleblower Laws New Jersey has two main employment laws protecting whistleblowers. The…
Selling a business can be an involved process. However, selling an A901 licensed waste transportation business in New Jersey can be even more complex. Waste hauling is a strictly monitored and regulated industry in New Jersey under the umbrella of the New Jersey Department of Environmental Protection (“DEP”). In fact,…
A recent decision in the case of Jacobs v. Mark Lindsay and Son Plumbing & Heating, Inc., by the Appellate Division of New Jersey’s Superior Court examined the interplay between two very important laws – New Jersey’s Consumer Fraud Act and the criminal “theft of services statute” in the context…