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New Jersey Lawyers Blog

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New Jersey Contract Law Issues: The Economic Loss Doctrine, Fraud in the Breach Versus Fraud in the Inducement, and the Duty of Good Faith and Fair Dealing

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…

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Tenure Rights of Part-Time New Jersey Teachers

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…

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Restrictive Covenants in Employment Agreements and Business Law

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…

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Mandatory Pay for Breaks Under the Fair Labor Standard Act

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…

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When Does the Statute of Limitations on Harassment Begin: The Continuing Violation Doctrine

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…

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The United States Supreme Court Issues Major Decision on Tolling of Statute of Limitations in Employment Cases Under Supplemental Jurisdiction

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…

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New Jersey Liquor License Transfer Applications

When you purchase a liquor license in New Jersey, as a Buyer you must be approved by the State of New Jersey Alcoholic Beverage Commission and the Municipality where the business operates.  This process is detailed and time consuming.  it must be started as soon as possible by the Buyer. …

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Third Circuit Issues Important Decision on Religious Discrimination in Employment

Both New Jersey’s Law Against Discrimination and the Federal Title VII of the Civil Rights Act of 1964 expressly prohibit employers from discriminating against employees because of their religious practices if they can be reasonably accommodated.  In many cases the most difficult question is whether an accommodation which the employer…

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Potential Roadblock for Certain Whistleblower Claims

In the case of DiFiore v. CSL Behring, LLC, a former pharmaceutical employee brought an action in the District Court for the Eastern District of Pennsylvania against her former employer for retaliation in the form of a wrongful, constructive discharge.  In that case, the employee specifically brought claims under the…

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United States Third Circuit Court of Appeals Extends Winters Doctrine, Further Limiting New Jersey Government Employees’ Right to Appeal Wrongful Employment Decisions

 Our employment lawyers represent many honorable New Jersey employees in disputes with their governmental employers.   The Winters Doctrine As I wrote in a previous post, in 2012 the New Jersey Supreme Court created a serious hurdle for public employees.  In the case of Winters v. North Hudson Regional Fire…

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