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…
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…
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…
McLaughlin & Nardi, LLC, welcomes aboard the firm’s newest member, Pauline Young. Pauline M.K. Young joined us when she was a student at New York Law School. For some reason, after getting to know us she decided to stay. We could not be happier. Besides being an excellent attorney, Pauline…
Our attorneys represent people and businesses in all aspects of contract law, including contract negotiations, drafting, review and contract litigation. One of the more complex areas of contract law if the interplay of contract and tort law when fraud and contracts intersect. While this issue is complex, there are several…
One of the areas which counterintuitively generates among the most questions in New Jersey employment law is teachers’ tenure. Although teacher tenure dates back over a century, tenure is still an area of the law which generates much controversy and litigation. The Appellate Division of New Jersey’s Superior Court recently…
What is a Restrictive Covenant? A restrictive covenant is a contractual agreement in which one party receives something of value in exchange for a promise not to engage in a particular type of behavior. Restrictive covenants can bind people or businesses. What Types of Restrictive Covenants Are There? There…
The Fair Labor Standards Act (“FLSA”) is a federal statute enacted in 1938 with the goal of setting national minimum requirements for employee compensation. It covers areas such as minimum wage and overtime, among other things. On February 9, 2017, the Third Circuit Court of Appeals was the first United…
By enacting the Law Against Discrimination, New Jersey has provided its workers with some of the strongest anti-discrimination laws in the United States. New Jersey’s Law Against Discrimination protects against employment discrimination, including harassment, because of these protected categories race creed color national origin nationality ancestry age sex pregnancy familial…
The United States Supreme Court issued a major decision on tolling the statute of limitations on state law claims while the case is in federal court which has significant impact on New Jersey employment litigation. In the case of Artis v. District of Columbia, the Supreme Court answered a major…