Both New Jersey’s tenure laws in Title 18A, which govern employees in New Jersey’s public schools, and the New Jersey Civil Service Act in Title 11A and Civil Service regulations are designed to ensure that government employment decisions, such as hiring, firing, promotion, etc., are made based on merit rather…
New Jersey Lawyers Blog
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…
Chancery Division Issues Ruling on Valuation of Limited Liability Companies Under the New Jersey Revised Uniform Limited Liability Company Act
One of the most difficult questions in New Jersey Business law concerning the retirement of a business owner is determining the value of the owner’s share of the business which the remaining owners must pay to buy out his share. This can be difficult even if the departure itself is…
Restraining Orders and Other Injunctive Relief in New Jersey Business Law Cases
Injunctive Relief Injunctive relief is an order by a court requiring a party to cease an act, condition or behavior. It is a powerful tool in New Jersey business law civil cases. An order for injunctive relief is typically referred to as an “injunction.” A temporary injunction is granted only…
Equitable Damages in New Jersey Business Law Disputes for Breach of Contract
Types of Contract Damages In New Jersey business law disputes, there are two broad categories of damages, legal damages and equitable damages. Briefly, legal damages, or remedies in law, are money damages. Legal damages are for harms which can be compensated by the payment of money by the party which…
Decision on Objections to Fraud and Criminal Activity of Whistleblowers by New Jersey Supreme Court
Decision on Objections to Fraud and Criminal Activity of Whistleblowers by New Jersey Supreme Court In the recent case of Chiofalo v. State, Division of State Police, the Supreme Court of New Jersey issued an important employment law decision dealing with whistleblower retaliation. The Conscientious Employee Protection Act —…
Qualifying a Trust as the Beneficiary of an IRA While Taking Advantage of the “Stretch-Out”
If a person wants to control the distribution of funds held in an IRA after their death, it is possible to do so by naming a trust as the beneficiary of the IRA. However, in order to minimize tax consequences, the trust named as the beneficiary must be a “look-through”…
Third Circuit Upholds Jury Verdict Finding Age Discrimination Under New Jersey Law Against Discrimination
New Jersey’s Law Against Discrimination has rightly been called one of the strongest employee protection laws in the nation. This is true both because of the broad range of inherent characteristics which it protects from discrimination, and the strong legal protections and remedies it provides. In short, the Law Against…
Third Circuit Rules Adult Dancers Are Employees Entitled to Overtime and Minimum Wage Protections
The Federal Fair Labor Standards Act requires that employers, including New Jersey employers, pay their non-exempt employees minimum wage and overtime (the vast majority of employees are not subject to an exemptions; the major exemptions are for executive, administrative and professional employees, and outside sales). Independent contractors, however, are…
Third Circuit Court of Appeals Defines Standard for Finding “Willful” Violations of the Fair Labor Standards Act
Willful Violations Under The Fair Labor Standards Act The Federal Fair Labor Standards Act establishes rates of minimum wage and overtime pay which employers must pay to their employees. Employees successfully suing their employers for violations of these requirements can recover their lost wages, and their employers will be required…