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New Jersey Lawyers Blog

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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…

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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…

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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…

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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…

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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…

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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…

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The Covenant of Good Faith and Fair Dealing Under New Jersey Contract Law

Contracts Under New Jersey Business Law Under New Jersey business law, when two or more parties enter into a contract they are essentially writing their own law which will govern their relationship.  A valid contract – one where each of the parties exchange value (“consideration”) and agree to the terms…

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New Jersey’s Conscientious Employee Protection Act Covers an Employee’s Refusal to Violate Professional Ethics

New Jersey’s Conscientious Employee Protection Act (“CEPA”) employees from being fired for objecting to or refusing to participate in conduct which the employee reasonably believes to be illegal or against public policy.  If the employee is wrongfully retaliated against, CEPA provides a remedy through litigation.   Also known as the “whistleblower law,”…

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New Jersey’s Supreme Court Issues Major Decision on Disability Discrimination in Employment Law

Our labor and employment attorneys represent employers and employees in cases of wrongful termination and discrimination.  This is an area of New Jersey employment law which generates considerable litigation.  New Jersey’s Supreme Court recently issued an important opinion on when an employee may be terminated because her disability impairs her…

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United States Court of Appeals for the Third Circuit clarifies standard for providing illegal harassment

One of the most vexing problems facing employees suing their employers for harassment is what legal standard the acts must meet in order to prove harassment.  In the case of Castleberry v. STI Group, the United States Court of Appeals for the Third Circuit held that harassment need only be…

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