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New Jersey estate law makes having a well-written will crucial.

At first glance, the concept of creating a will may seem somewhat morbid or uncomfortable. After all, the process involves contemplating our mortality and deciding on the distribution of our assets after we’re gone. However, there is a compelling case to be made about the importance of having a will. Not having a will leaves your assets to be transferred according to New Jersey estateus-supreme-court-300x200 law when you pass, and not according to your own wishes.  That is why our New Jersey estate planning attorneys firmly believe in the importance of having a will, helping you face the legal complexities of making sure the law will enforce your wishes when you pass, and helping provide peace of mind and security for you and your loved ones.

First, a will gives you complete control over the distribution of your assets. Without this legal document, New Jersey intestacy law will determine how your property is divided among your heirs after you pass. This could potentially lead to a distribution that is not in line with your wishes. For instance, you may want to leave certain items to friends or charities, but without a will this would not be possible.

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At McLaughlin & Nardi, LLC, our New Jersey construction lawyers represent contractors, subcontractors, suppliers, project managers, owners, architects and engineers in all areas of construction law. Here are some frequently asked questions about New Jersey constructionus-1978465__340-300x200 law.

  • What is construction law?

    Construction law refers to the laws, regulations and case law that guide the construction industry. It encompasses a wide range of issues including contract law, construction liens, construction defects, breach of construction contracts, litigation, arbitration, mediation, appeals, bonds and bonding, collection, guarantees and sureties, construction claims, and related consultancy contracts.

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New Jersey employment law provides significant protections for employees who are pregnant, breastfeeding, or have recently given birth.

The New Jersey Law Against Discrimination provides protection against discrimination against pregnant and breastfeeding employees.  It also requires that employers make reasonablekids-300x225 accommodations available so that pregnant or breastfeeding employees and new mothers can perform their jobs.  It prohibits retaliation against employees who request such accommodations.  The New Jersey Law Against Discrimination gives a non-exhaustive list of such reasonable accommodations: “bathroom breaks, breaks for increased water intake, periodic rest, assistance with manual labor, job restructuring or modified work schedules, and temporary transfers to less strenuous or hazardous work.”

The New Jersey Law Against Discrimination generally gives more extensive protection to employees than Federal law, including pregnant and breastfeeding employees, and New Jersey State courts generally provide greater procedural protections for employees than Federal court.  Nonetheless, Federal law also provides protections for pregnant employees.

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New Jersey employment law governs the hiring of municipal police officers and firefighters, particularly Titles 11A and 40A of New Jersey Statutes.  These local first responders play critical roles in our society.  New Jersey employment law therefore closely regulates the hiringjoe-b-300x200 process to ensure that New Jersians are served by only the best law enforcement officers and firefighters.

There are two roots for hiring local government law enforcement officers and firefighters.  In civil service jurisdictions, an applicant must pass a civil service examination, score high enough on the list to be reached, pass physical and psychological examinations, pass a background investigation, and successfully complete a police academy course.  Municipalities which have not adopted civil service have more discretion in hiring, in that the applicants do not have to take a civil service examination or be ranked high enough on a civil service hiring list.  However, many non-civil service jurisdictions utilize a “chief’s test” in place of the civil service examination. Civil service municipalities retain some discretion in hiring through the “Rule of Three.”

Initial hires must be at least 18 years of age, but no more than 35, although there are exceptions to the maximum age requirement for veterans and law enforcement officers and firefighters with prior service in another jurisdiction.  They must be New Jersey residents, although recently discharged veterans receive a grace period to move to New Jersey.  A municipality cannot require an applicant to be a resident of the local jurisdiction, but it can give a preference to residents.  residence can also be used as a tie breaker in promotions.  The “veterans preference” is applicable to hiring in civil service municipalities.

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The New Jersey Consumer Fraud Act and home improvement practices regulations presented a dilemma – they provide valuable tools protecting homeowners from unscrupulous home improvement contractors by awarding them triple damages and attorneys fees when successful, but risk imposing drastic penalties on legitimate contractors who miss some of their more technical requirements.  However, as the Appellate Division recently explained in the case of Philip Dattolo v. EMC Squared LLC and Edward T. Morgan, the requirement that a homeowner must provehouse-225x300 ascertainable damages which result from the consumer fraud violations goes a long way toward resolving this conflict.

Background

The facts of the case are these.  Dattolo contracted with EMC Squared LLC to construct a single-family home in Boonton, New Jersey in October 2018.  EMC was solely owned by Edward Morgan.  In March 2019, EMC offered a list of extras, and Dattolo accepted some.  EMC created a written change order but it was never signed.  In January 2020, Mogan told Dattolo that EMC was unable to continue.  He told Dattolo that the project received final inspections.  He gave Dattolo a final bill with credit for the unfinished work.  Dattolo refused to pay, asserting many construction defects existed which would cause him considerable expense to correct.

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New Jersey’s Requirement for Employers to Provide Reasonable Accommodations for Disabled Employees

New Jersey’s Law Against Discrimination and Title VII of the Civil Rights Act of 1964 prohibit discrimination because of an employee’s disability.  New Jersey civil service law also prohibits discrimination because of an employee’s disability.  These laws require employers to provide7-300x225 reasonable accommodations so that disabled employees can perform their duties.

The regulations promulgated by the New Jersey Division of Civil Rights implementing the Law Against Discrimination’s reasonable accommodation requirement require employers to engage in an “interactive process” with the employee to determine what reasonable accommodations the employer can provide for the employee.

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Progressive Discipline

Progressive discipline is a principle followed in New Jersey employment law, in both civil service and non-civil service jurisdictions, including public schools.  In progressive discipline, a public employee’s prior disciplinary history will be considered in determining the appropriate penalty for disciplinary violations.  Thus, a 6-300x225government employee with a clean disciplinary record would receive a lesser penalty for the same violation for which another employee with previous discipline would receive a harsher penalty.  For example, an employee who was late for the first time might receive no discipline, while one who has been late fifty times in a year might be terminated.  Even with first offenses, however, some infractions are so severe that major discipline, even termination, may be appropriate for a first offense.

The Johnson Case

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New Jersey public employees have multiple venues to litigate employment claims against their government employers.

Forums Available to New Jersey Public Employeescolumns-round-300x201

New Jersey government employees can sue in New Jersey state court, beginning with the Superior Court of New Jersey which sits in each county, for violation of state laws such as the New Jersey Conscientious Employee Protection Act, the New Jersey Civil Rights Act and the New Jersey Law Against Discrimination, and then the state appellate courts.  For employment-related civil rights claims or violations of Federal laws, such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act or the Fair Labor Standards Act, employees can file suit in the Federal courts beginning with the United States District Court for the District of New Jersey which sits in Camden, Trenton and Newark, with appeals heard by the United Staes Third Circuit Court of Appeals and then the United States Supreme Court.  A civil service employee who alleges that she was disciplined in violation of civil service laws can appeal to the New Jersey Civil Service Commission, with appeals from Commission decisions being heard by the Appellate Division of the Superior Court of New Jersey.  Tenured teachers and other education employees can appeal to the New Jersey Department of Education.  Public employees can utilize the grievance procedure in the contract for allegations of violations of the contract for discipline, pay violations and other related matters.  Grievance procedures in many union contracts often provide for binding arbitration with the Public Employment Relations Commission (“PERC”). PERC will also hear allegations of unfair labor practices, binding arbitration of certain contract negotiation impasses, scope of negotiations disputes, bargaining unit disputes, and certain appeals of discipline by law enforcement officers who are not employed in civil service jurisdictions.

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New Jersey teachers are required to possess certificates issued by the State Department of Education in order to be employed in a teaching capacity.  These certificates are not easy to get, and have educational and testing requirements.  They are required to ensure that those teaching New Jersey students have the requisite skills.  Without them teachers cannot teach.  However, teaching3-225x300 certificates may be suspended or revoked for multiple reasons.

What are the grounds for teacher certificate revocation or suspension in New Jersey?

In New Jersey, teacher certificates can be revoked or suspended due to unbecoming conduct, inefficiency, incapacity among other reasons.  Teaching certificates may also be suspended when teachers leave their job without completing the contractual term of employment without the board of education’s consent.

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Should I file a civil service appeal?  Well, read what a New Jersey appellate court’s recent decision said, and you will probably decide the answer is yes.new-york-county-courthouse-1540991328RMS-300x200

Background

Mina Ekladious had nine years of experience as a firefighter and earned a certification as a Firefighter I before he was conditionally hired by the Jersey City Fire Department.  The offer was contingent upon completing the Morris County Fire Academy, which trains prospective Jersey City firefighters.  He was removed as a firefighter for failing the physical examination at the Fire Academy.  Ekladious appealed his removal to the New Jersey Civil Service Commission, which referred the case to the Office of Administrative Law for a hearing.

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