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New Jersey Lawyers Blog

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New Jersey Discrimination and Retaliation Claims Not Preempted by Federal Labor Management Relations Act

One of the most difficult issues for New Jersey employment attorneys is when federal law preempts New Jersey employment law.  One of the most thorny areas is the intersection of the Federal Labor Management Relations Act, which governs the interpretation and application of collective bargaining agreements (union contracts) in the…

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Confidentiality Privileges in Internal Employer Investigations

An attorney-client relationship involves the reasonable reliance by an individual (the client) on the professional knowledge and/or skills of an attorney who is aware of and accepts responsibility for that reliance.  While a written agreement is not required for this relationship to exist, there must be some mutual understanding, consensus,…

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Discharge Federal Estate Tax Liens Prior to Sale of Property

Generally, before the estate of a decease person can sell real estate, the individual(s) named as executor in the will must probate and be formally appointed as executor.  If there is no will, then the closest heir at law must apply to the surrogate’s court to be appointed as administrator…

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The Winters Problem: Public Employees’ Catch 22

Our employment lawyers represent New Jersey public employees at the state and local level.  One problem that we have run into representing public employees is a recent opinion by the New Jersey Supreme Court which severely limits public employees’ options when their government employers have taken wrongful actions against them.…

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New Jersey Court Imposes Restrictions on Police Officers Taking Leave to Hold Elected Office

Our employment attorneys handle New Jersey civil service appeals and litigation.  The Appellate Division of New Jersey Superior Court recently issued a decision on “dual officeholding” which affects the rights of New Jersey Civil Servants. Gary DeMarzo was hired as a police officer by Wildwood in 1998.  In 2007 he…

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Guidance for New Jersey Employers and Employees About President Trump’s Executive Order Promoting Free Speech and Religious Liberty

President Trump recently issued an “Executive Order Promoting Free Speech and Religious Liberty.” We have been asked what this will mean for New Jersey employers or employees. For private sector, and New Jersey state and local public sector employers and employees, the answer is probably not much, if anything. Let’s…

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New Jersey Court Rules that Unemployment Benefits Should Not Lower Lost Pay Recoverable from Employer Which Discriminates Against Disabled Employee

Our employment lawyers represent employers and employees in New Jersey labor and employment litigation.  Each employment case has two parts.  The first is liability – did the employer commit the wrongful act of which it is accused by the employee?  If the answer is no, the case is over; if…

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Continued Clarifications of the Conscientious Employee Protection Act

New Jersey’s Conscientious Employee Protection Act (“CEPA”) provides a remedy for employees who are wrongfully terminated in retaliation for objecting to conduct which is believed to be illegal.  This Act is often referred to as the New Jersey “whistleblower law.”  In fact, it is one of the most liberally interpreted and…

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Sexual Orientation Discrimination in the Seventh Circuit and Comparison with New Jersey’s Law Against Discrimination

Here at the New Jersey Lawyers Blog we usually stick to New Jersey law (the name is probably a giveaway).  However, a federal decision this week in the United States Court of Appeals for the Seventh Circuit (with jurisdiction over appeals from the federal courts in Illinois, Indiana and Wisconsin)…

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Fiduciary Duties and the Business Judgment Rule: Bad Judgment Without Bad Faith Does Not Create Liability for Directors, Officers and Owners

Our attorneys represents businesses and the people who own and run them.  One source of significant conflict in New Jersey business law are the fiduciary duties of the directors, officers and owners of businesses. New Jersey business law imposes fiduciary duties on a company’s directors and officers.  This also applies…

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