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New Jersey Lawyers Blog

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New Jersey Real Estate Law Decision Examines Duty to Disclose Defects in “As Is” Residential Real Estate Sales

New Jersey real estate law is enormously important – the purchase and sale of a home are often the largest transactions in many people’s lives.  It is fraught with risks for both buyers and sellers. For example, let’s say you’re buying a house and you receive a disclosure form from…

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New Jersey Civil Service Resignations and Job Abandonment Appeals

How a New Jersey Civil Service employee’s separation from service is characterized, either “in good standing” or “not in good standing,” has significant consequences, particularly on the employee’s ability to obtain future government employment, and may even effect her employment in the private sector.  Moreover, if the employee is found…

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New Jersey Civil Service Medical and Psychological Disqualification Appeals

New Jersey disability laws apply to civil service employment decisions such as hiring and promotion.  However, applicants with physical or psychological conditions must still be able to perform the essential functions of their prospective jobs with reasonable accommodation.  Fortunately, New Jersey civil service law provides a process to protect the…

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Appellate Review of New Jersey Civil Service Commission Decisions

New Jersey Civil Service law gives significant protections to government employees in jurisdictions which have adopted civil service. It provides an appeals process that private sector employees and government employees in jurisdictions which have not adopted civil service do not enjoy.  Most government employment decisions which do not involve minor discipline…

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New Jersey Civil Service Appeal Process Effective, Appellate Division Opinion Shows

New Jersey Civil Service Law provides an effective appeals process for employees to use when challenging discipline imposed by their employers.  This was recently illustrated in the case of In the Matter of Sherman Abrams, Northern State Prison, Department of Corrections.   Background: The Abrams Case Sherman Abrams was, and…

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New Jersey Civil Service Working Test Periods

There are many differences between New Jersey employment law which applies to all employees in both the public and private sectors, and New Jersey civil service law which applies to permanent, career service government employees in civil service jurisdictions.  Generally, New Jersey civil service law provides more protections to public…

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New Jersey Business Law Decision Examines Requirements for an Enforceable Contracts

Contract drafting and negotiation is one of the most important aspects of New Jersey business law.  Contracts govern the relationship between business parties.  Therefore, it is vital to ensure that a contract embodies the terms which the parties bargained for, and protects their interests.  And it must meet all the…

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Federal Appeals Court Holds that Withholding Paid Time Off Will Not Defeat Professional Exemption to Minimum Wage and Overtime Requirements

The Federal Fair Labor Standards Act, like New Jersey’s Wage and Hour Law, requires that employees as a general rule must be paid a specified minimum wage, and overtime when they work more than 40 hours per week.  However, certain classes of employees are exempt from these requirements.  Thus, nonexempt…

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Liquidated Damages Provide Measure of Certainty Under New Jersey Contract Law

New Jersey Business Law and Liquidated Damages Business parties draft contracts to give them a measure of certainty in their future relationship.  However, it is not a secret that contracts are frequently breached, so parties often want a degree of certainty about what will happen in the event of a…

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New Jersey Civil Service Commission Not Afraid to Call B.S. on Employers

In my last post I wrote about the Appellate Division case of In the Matter of Ambroise, which demonstrated that employees will get a fair hearing before the New Jersey Civil Service Commission and in appeals to state appellate Courts.  Another recent Appellate Division opinion in the case of In…

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