In the last several years, many states have passed laws prohibiting cyber-harassment, cyber-stalking, and cyber-bullying to reflect the evolution of today’s society which, more and more, is becoming centered around electronic communications. While New Jersey has been a strong advocate of anti-bullying and harassment laws, it has only recently passed…
New Jersey Lawyers Blog
Individual Liability Under the Fair Labor Standards Act
The Fair Labor Standards Act (“FLSA”) is a federal law that governs employment in all private employers and most government employers in all fifty states. In New Jersey, this federal law works in conjunction with the New Jersey Wage and Hour Law. These laws set forth requirements for minimum wages,…
Enforceability of Letters of Intent
A letter of intent is a document executed generally by businesses to outline the basic terms of a commercial transaction, whether that be a complicated sale of goods or services or a real estate transaction. A letter of intent is entered into in the early stages of negotiation, when major…
The Fiduciary Obligations of an Executor in New Jersey
When you discover that you are named as the executor of an estate, it can be overwhelming. The executor of an estate has a fiduciary obligation under New Jersey estate law to administer the estate and collect and distribute the assets in accordance with the last person’s will. The first…
UCC Liens and Securing Creditors’ Rights
A lien is a legal claim on property based upon a debt owed to the lien holder or creditor. It allows a creditor to use the debtor’s property as security when a debtor fails to repay a debt. It provides excellent protection for collection of a bad debt. For instance,…
The Relationship Between A Bonus and Overtime Under The Fair Labor Standards Act
The Fair Labor Standards Act of 1938 (“FLSA”) is a federal statute that was introduced to regulate certain employment practices. For example, the FLSA establishes a national minimum wage, guarantees pay at a rate of one and one-half times the employee’s regular rate of pay for certain jobs, and prohibits…
New Jersey Will Contests
What happens if you believe that a loved one’s last will and testament is not valid? Under New Jersey probate law, if there is a last will and testament, it must be probated (filed) with the surrogate in the county where the decedent resided. The will’s terms control the distribution…
New Jersey Property Tax Appeals
Now is the time to start thinking about appealing your property taxes. The amount of property taxes a homeowner pays under New Jersey property tax law is determined by the municipal assessment. The lower the assessment, the lower the property taxes. While you cannot actually appeal the taxes you owe,…
Medicaid Asset Protection: Converting Coutable Spousal Resources into a Protected Income Stream Using Annuities
Our clients often ask how they can protect their assets from Medicaid in the event a spouse must enter an assisted living facility in the future. While the Medicare Catastrophic Coverage Coverage Act of 1988 allows a community spouse (the spouse who does not require the coverage) to preserve certain…
Internet Gambling in New Jersey
Gambling is one of the many activities that are regulated primarily by state laws (as opposed to federal laws). On February 26, 2013, New Jersey Governor Christie signed into law legislation allowing internet gambling, making New Jersey only the third state to allow internet gambling (after Nevada and Delaware). While…