Where We Stand Given the reports of sexual harassment and sexual assault which have been flooding the news lately, such as those involving Harvey Weinstein, Megyn Kelly and the situation at Fox News, Kevin Spacey, Bill Cosby, and Ray Moore, we want to make clear where we stand. We are…
New Jersey Lawyers Blog
Third Circuit Issues Important Wage & Hour Decision
Wage and Hour Laws Governing New Jersey Workplaces The Fair Labor Standards Act is the federal law which, along with the Wage and Hour Division of the United States Department of Labor’s regulations found in the Code of Federal Regulations, governs overtime and minimum wage requirements. The Fair Labor Standards…
HAPPY VETERANS DAY FROM THE ORIGINAL MCLAUGHLIN & NARDI
Solid Waste Transportation: Violations of NJDEP Regulations and Laws
There is a large and complex body of laws which restrict and regulate the of waste transportation businesses in New Jersey. Indeed, New Jersey has arguably the most stringent requirements and restrictions on the solid waste industry in the country. The New Jersey Department of Environmental Protection (“NJDEP”) has…
Third Circuit Court of Appeals Rules That Employers Must Pay Employees During Breaks of Twenty Minutes or Less
Some of the most conflict-ridden areas in New Jersey employment involve wage and hour issues – who needs to be paid, how much, when and for what. An important Federal appeals court decision has shed light on one of the most contested topics in this area – when employees mostly…
Fiduciary Duties Owed by Owners of Limited Liability Companies Under New Jersey Business Law
New Jersey has followed the national trend in creating the “limited liability company,” (known as “LLC”), as an allowable form of business entity under New Jersey business law. The LLC combines the best elements of both a corporation and a partnership. The Limited Liability Company A (Limited liability company…
Employees Who are Being Retaliated Against or Discriminated Against by Their Employers Must Be Cautious in Preserving Records for Litigation
When an employee is being harassed or disciplined in his employment as a result of discrimination or retaliation for the employee’s objections to illegal conduct, there are multiple laws which may provide relief to the employee. These include, for instance, New Jersey’s Law Against Discrimination (the “LAD”) and New Jersey’s…
Should a Prospective Purchaser Obtain a Survey of the Property?
Recently, many people who are purchasing real property have been reluctant to spend the money to obtain a survey of the property they are purchasing. However, in most circumstances it is obtaining a survey is vitally important and it is money well spent. Also, if the purchaser is financing the…
New Jersey Appeals Court Reinstates Termination of Employee in Examination of the “Deemed Accepted” Rule and Progressive Discipline in New Jersey Civil Service Commission Decisions
A New Jersey appeals court recently issued an important decision in the case of In the Matter of William R. Hendrickson, Jr., Department of Community Affairs, in which it examined two core concepts in New Jersey’s Civil Service employment law: progressive discipline and the “deemed accepted” rule. Background William…
Void Contracts, Voidable Contracts and Severability under New Jersey Contract Law
New Jersey business law allows people and businesses to manage their relationships by entering contracts which define the terms of that relationship. Contracts are enforceable by the full force of the law. For instance, if one party owes another money under a contract but doesn’t pay, the wronged party can…