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,…
New Jersey Lawyers Blog
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…
New Jersey’s New Mandate for Food Waste Recycling
On April 14, 2020, New Jersey Governor Murphy signed a food waste recycling bill (A2371) aimed at requiring large producers of food waste in New Jersey to recycle their unused food. This mandate is schedule to go into effect on approximately October 14, 2021. The law applies to “large food…
Commercial Versus Residential New Jersey Real Estate Transactions
At first glance, both commercial and residential New Jersey real estate transactions seem to be quite similar. A contract is executed, title work must be checked, lender requirements must be met and the closing must be completed. But, from the initial offer through closing on the transaction, there are significant…
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…
The New Jersey Supreme Court Considers the Pregnant Workers Fairness Act for the First Time in Police Pregnancy Discrimination Matter
On March 9, 2021, the New Jersey Supreme Court issued an important employment law decision on pregnancy discrimination in the case of Delanoy v. Township of Ocean, which confirms the distinct causes of actions that may be brought and how they should be brought under the New Jersey Pregnant Workers…
Federal Appeals Court Rules that Psychological Examinations for Applicants for Law Enforcement Officer Positions Cannot Be Used to Discriminate Against Qualified Applicants
A Federal Appeals Court’s recent precedential decision in the case of Gibbs v. City of Pittsburgh may have profound implications for New Jersey civil service appeals from psychological disqualification of law enforcement officer applicants. Background Christopher Gibbs applied to be a police officer with the Pittsburgh, Pennsylvania Police Department. …
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…
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…