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…
New Jersey Lawyers Blog
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…
Minimize Federal and New Jersey Estate Taxes with a Qualified Personal Residence Trust
A qualified personal residence trust (QPRT) offers an opportunity for homeowners to minimize or avoid federal and New Jersey estate taxes. A QPRT allows a homeowner to transfer ownership of a primary or vacation home to a “grantor trust,” while keeping the right to live there for a specified period…
The Cat’s Paw In Federal And New Jersey Discrimination Cases
The United States Supreme Court recently ruled that a fired employee can sue his employer for the harm he suffered from “cat’s paw discrimination” because of his membership in the Army Reserve. Federal and state courts have ruled that “cat’s paw” liability applies in a wide variety of other New…
Things New Jersey Homeowners Should Know Before Throwing A Party
Many people in New Jersey ask, “I had a small party at my house and one of my guests drank alcohol and later got into a car accident, am I liable?” New Jersey homeowners also ask, “Can I get in trouble serving alcohol to a minor?” The short answer to…