New Jersey employment law is a comprehensive system which provides some of the strongest protections in the nation for New Jersey employees. New Jersey employees are protected against discrimination and whistle-blowing retaliation. New Jersey employment law provides for leave of absence for childbirth, adoption of a child, or serious health…
New Jersey Lawyers Blog
Can-Spam Act: What New Jersey Business Owners Need to Know About Mass E-mails
The Can-Spam Act , signed into law in 2003, was the first federal law to establish national standards for commercial e-mails. “CAN-SPAM” actually stands for “Controlling the Assault of Non-Solicited Pornography and Marketing”. The Act gives recipients of spam – i.e. unwanted commercial advertisements sent by e-mail – the ability…
People Eating Tasty Animals Shouldn’t Cybersquat: the Anti-Cybersquatting Piracy Act
Businesses acquire rights in a trade name which they use in commerce, whether they register it or not. One of those rights is protection from “cybersquatting.” This protection was added to the federal Lanham Act in 1999, which protects against unfair competition and is the main federal law protecting trade…
New Jersey’s Slip and Fall Protection Laws
New Jersey property owners are responsible for most incidents that take place on their property. New Jersey property owners are responsible to keep their land free of known or foreseeable hazards, such as wet floors, debris, snow and ice accumulation, and cracks in the sidewalk. This is known as New…
Both the Federal and New Jersey WARN Acts Protect New Jersey Employees in Layoffs
We live in a time of economic turmoil. New Jersey’s unemployment rate stands at nine percent, well above the national average. Many New Jersey employees find themselves losing what they thought were secure jobs. Loss of a job can lead to devastating consequences. However, both the Federal and New Jersey…
Employee or Independent Contractor? New Jersey Business Taxpayers Can Correct the Misclassification of Workers with Minimal Tax Liability
Businesses with any New Jersey employees are responsible for withholding and paying income taxes, Medicare taxes, and Social Security, and paying payroll taxes on wages paid to their employees. However, in general, the same businesses do not have to do so when hiring independent contractors. Therefore, it may be tempting…
NEW YORK AND NEW JERSEY PREGNANCY DISCRIMINATION
Pregnancy Discrimination In 2011, the Equal Employment Opportunity Commission (“EEOC”) received the largest number of complaints of pregnancy discrimination in its history. Pregnancy discrimination has been increasing since at least 1992. Pregnancy discrimination in New Jersey, New York and nationally continues to be a major problem. It is illegal to…
Spouses’ New Jersey Medicaid Eligibility
The spousal impoverishment provisions of the Medicare Catastrophic Coverage Coverage Act of 1988 changed the requirements for eligibility for Medicaid when only one spouse needs to enter a nursing home and is expected to stay in the nursing home for at least 30 days. The law’s purpose is to preserve…
New Jersey Property Taxes Appeals
A common question is how can property taxes be lowered? The answer is to file a tax appeal. In the current depressed real estate that the value of your home is often dramatically lower than the town has assessed it and you should appeal that assessment. In this economic climate,…
the cats paw
Both state and federal laws govern family leave in New Jersey. The Federal Family and Medical Leave Act (FMLA) and New Jersey Family Leave Act (FLA) have long provided 12 weeks of unpaid family leave for employees of employers with at least 50 employees. In 2008, New Jersey passed the…