In an important employment law decision, New Jersey’s Supreme Court once again considered the actions necessary to constitute illegal workplace harassment in the case of Rios v. Meda Pharmaceutical, Inc. In this case the alleged harassment was based on an employee’s race and ethnicity in violation of New Jersey’s Law…
New Jersey Lawyers Blog
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…
Third Circuit Decision Eliminates Barrier to Age Discrimination Lawsuits
New Jersey’s Law Against Discrimination prohibits employment discrimination, including age discrimination. In interpreting this state law, New Jersey courts look to federal employment law, including the Age Discrimination in Employment Act, or the “ADEA,” passed by Congress in 1967. A recent case by the United States Court of Appeals for…
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”). …
New Jersey Employment Law Decision Examines When a New Jersey Civil Service Law Enforcement Officer May be Fined as a Form of Discipline
A recent New Jersey employment law decision in the case of In the Matter of Wilfred Guzman, Rockaway Township Police Department, examined what penalties are available against a New Jersey civil service law enforcement officer. Background Wilfredo Guzman was a police officer with the Rockaway Township Police Department, a…
Appellate Division Rules that New Jersey Employment Law Ignores Titles When Determining Whether Public School Secretaries Have Acquired Tenure
Attaining tenure is a milestone for public school employees. Under New Jersey employment law, tenure carries legal protections against termination or discipline without just cause, and requires formal tenure charges and the right to challenge those charges through a hearing and appeal process. These protections are extremely valuable. Much literature…
New Jersey Employment Law Decision Examines Ramifications of Settlement of Police Officer Disciplinary Charges
Police officer discipline has significant ramifications under New Jersey employment law, whether the officer is in a civil service or non-civil service police department. These extend beyond the ramifications of discipline for other public and private employees in New Jersey. The Appellate Division of the New Jersey Superior Court recently…
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,…
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…
New Jersey Employment Law Takeaways from Recent Decision on New Jersey Law Against Discrimination
Some important New Jersey employment law issues were explored in a recent opinion issued by the Appellate Division of the Superior Court concerning the New Jersey Law Against Discrimination in the case of Kazaba versus Randolph Township Board of Education. The Kazaba Case Charles Kazaba sued the Randolph Township…