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New Jersey Lawyers Blog

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The Use of Custom and Usage in Interpreting Commercial Contracts Under New Jersey Business Law

Enforceable contracts are the bedrock of a strong economy. If contracts were not enforced, parties could not rely on the other side performing because there would be no remedy if they breached. Therefore, commerce would break down. Enforceable contracts are so important to the economy, in fact, that the freedom…

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Pay for Suspended Teachers in New Jersey

Under New Jersey employment law, specifically Section 6-14 of Title 18A of New Jersey Statutes, tenured teachers may be suspended on disciplinary charges with or without pay while their tenure charges are pending a determination.  However, the statute provides that if an arbitrator has not issued a decision on the…

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Construction Lien Law: Timing is Key

  McLaughlin & Nardi’s New Jersey construction attorneys represent owners, contractors and building suppliers in the prosecution and defense of construction lien claims. As discussed in McLaughlin & Nardi’s overview of construction liens, they can be powerful tools for construction contractors, subcontractors, and suppliers who are experiencing difficulties in getting…

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Executors Should Protect Themselves By Properly Closing Out the Estate

The last acts of an Executor of an estate are often making final distributions to the beneficiaries of the estate.  But beware, in New Jersey, before making distributions, an Executor should require each beneficiary to provide a properly executed refunding bond and release. Under New Jersey law, N.J.S.A. 3B:23-24,  the…

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Governor Murphy Signs Diane B. Allen Equal Pay Act Into Law

Fulfilling one of his campaign promises, Governor Phil Murphy signed the Diane B. Allen Equal Pay Act on April 24, 2018.  The Act amends New Jersey’s Law Against Discrimination.  The main purpose of the Equal Pay Act is to close the pay gap between men and women.   Governor Murphy explained,…

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Forming a Tax Exempt, Non-Profit Organization in New Jersey

Many people have the impulse to help their fellow man and to serve worthy causes.  One of the most important tools to achieve this end is the non-profit, tax exempt corporation.  Forming this type of entity allows funds to be raised without being taxed, permits contributors to deduct their contributions…

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United States Supreme Court Issues Important Wage and Hour Law Decision

Wage and hour claims dealing with overtime requirements are among the most contentious in employment law litigation.  The United States Supreme Court recently issued a decision exempting one narrow class of employees (“service advisors” at automobile dealerships) from coverage.  While the specific effect of the ruling is limited, the reasoning…

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Appellate Division Rules on New Jersey Employment Discrimination Law in the Age of Telecommuting

  In 1945, New Jersey’s Legislature enacted the Law Against Discrimination.  It has been repeatedly revised to increase its inclusion and scope.  However, its goal remains the same today as it was in 1945: “nothing less than the eradication of the cancer of discrimination in the workplace.”  The Law Against…

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The Reach and Limits of the Parole Evidence Rule in New Jersey Contract Law

New Jersey Courts have followed the Parole Evidence Rule since at least 1882.  The Parole Evidence Rule holds that outside (or “extrinsic”) evidence is not allowed to alter the terms of a contract – in other words, the Parole Evidence holds that, the meaning of a contract is contained within…

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